Squire's Department Store, Inc. v. Dudum

WOOD (Fred B.), J.

Squire’s Department Store, Inc., leased a basement store to Ramallah Wholesale Import Company, a copartnership for the period March 16 to December 31, 1949, at a rental in the amount of 50 per cent of the lessee’s net profits at these premises. At the end of the term the lessee vacated and paid no rent, claiming there were no net profits.

A controversy has arisen between the parties. The main question is whether or not this controversy includes a “dispute’’ relative to “determination of the rental due” under the lease, and as such subject to arbitration. The lease provided :…