Myers v. Western Farmers Ass'n

On September 20, 1957, the respondents entered into a written lease, prepared by the lessors, which contemplated that a building to be constructed by the respondents would be used as a hardware store, but did not expressly require it, and which provided for a flat minimum rental plus a percentage of the profits.

On October 31, 1960, the respondents consented to an assignment of the lease to the appellants Higgins, reserving their rights against the original lessee. Shortly thereafter, the appellant Western Farmers Association purchased the rights and succeeded to the liabilities of the…