Morris Properties, Inc. v. Brand

The landlord has brought this nonpayment proceeding to recover the sum of $175 as the rent due for the month of September, 1954. The tenant asserts that the rent due is the sum of $150, which has been tendered and refused.

The facts in this case present a novel situation. The tenant occupies a store pursuant to a written lease entered into for a term of two years, expiring August 31, 1952. For the said period the monthly rent is fixed at $145, although in paragraph “ Forty-ninth ” of the lease, the parties agreed upon a reasonable rental of $175 per month. That paragraph of the lease provides:…