Anest v. Bellino

Defendant Duane Starmach appeals from a judgment entered in the circuit court of Lake County in favor of plaintiffs, Bill Anest, Peter Anest, and Zion State Bank as trustee, on defendant Starmach’s counterclaim for declaratory judgment. The trial court determined that the phrase “gross sales” used in the parties’ restaurant lease to determine the amount of additional percentage rent included the sales of lottery tickets. We reverse and remand.

Plaintiffs brought a complaint for accounting of gross sales on November 9, 1984, under a lease agreement for a 24-hour truck-stop restaurant entered…