King Arthur Restaurant, Inc. v. London Terrace, Inc.

Appellant is the lessor and respondent the lessee of premises used as a restaurant under a ten-year lease dated February 4, 1941, providing for an annual rent of $10,000 plus a percentage of the tenant’s sales. In 1944, the parties modified the rent to a straight $10,500 for the year beginning March 1, 1944, all other covenants of the lease remaining in full force and effect. In 1945, the parties made a similar modification for the year commencing March 1, 1945. In 1946, respondent assigned the lease to the plaintiff in this action. Appellant demanded payment of rent, for the period…