Weisman v. Clark

BROWN (R.M.), J.

Appellant appeals from a judgment in favor of respondent denying appellant relief under a complaint based upon a breach of contract. Another defendant, Richard Hughes, defaulted and judgment was entered against him for $37,890, but respondent filed an answer and after a trial was successful. A motion for new trial was denied and the appeal was timely made.

On June 28, 1960, landlord Jenkins leased the premises known as the Sans Gene Restaurant to appellant. The lease provided for a minimum payment of rent and excess rental on a percentage basis. The lease also provided that it…