Johnston v. First National Bank & Trust Co. of Joplin

PREWITT, Judge.

Plaintiffs, 1 each under a separate written lease with defendant, are or were tenants at the Northpark Mall in Joplin. At issue is an increase in rent sought by defendant pursuant to a Consumer Price Index provision in each of the leases. Plaintiffs brought this declaratory judgment action, contending that the provision under which defendant sought the increased rent was unenforceable because it was indefinite. The trial court found that the provision was unenforceable because it did not state which category of the Consumer Price Index was to be used as a basis for the rental…