Capital Amusement Co. v. Board of Common Council

Opinion of the Court by

Judge Dietzman

Affirming.

By this action, appellee seeks to cancel a lease on that portion of its municipal building known as the Opera House made on behalf of the city of Frankfort in June, 1922, by the predecessors in office to the_ present board of councilmen with the appellant, the Capital Amusement Company. The lower court granted the appellee the relief it sought, and from that judgment this appeal is prosecuted.

From the evidence, it appears that in 1915, this Opera House was leased to one Fred Dolle. for picture show purposes at an annual rental of $2,450.00, the…