Prager's, Inc. v. Bullitt Co.

This dispute involves a lease. Bullitt Company, the defendant-lessor, appeals from a decision that the lease was modified to eliminate a clause (hereinafter called the “recapture clause”) which gave the lessor an option to cancel the lease if the lessee failed to achieve certain annual gross sales within 3 years. Bullitt also challenges the determination that Prager’s, Inc., the plaintiff-lessee, paid rent higher than required by the modified lease. The excess payments were found to have been paid under “business compulsion” which entitled Prager’s to reimbursement. Finally, Bullitt appeals…