Kahl v. Pool

This is a suit in equity to terminate a lease and obtain possession of the leasehold. Plaintiffs also seek a money judgment for past due rents. The trial court found for the defendants and plaintiffs appeal. We reverse in part and affirm in part.

In May, 1972, Lillian Fakoury and defendants Pool entered into a thirteen year agreement for the lease of certain commercial property located in Clackamas County. The lease provides for increasing rent: $350 per month for the first three years, $450 per month for the next five years, and $550 per month thereafter. The lessee also agrees to pay an…