Garvey Center, Inc. v. Food Specialties, Inc.

The opinion of the court was delivered by

Foth, C.:

The basic issue in this case is the proper interpretation of the rental provisions of a commercial lease.

The lease was dated December 28, 1970, and covered restaurant space in the Kiva shopping center in Wichita. The plaintiff Garvey Center, Inc., was lessor and defendant Food Specialties, Inc., was lessee. The rental provisions (which will be quoted) called basically for a minimum rent of $1,915.21 per month against 8% of gross sales.

The first year of occupancy under the lease ran from September, 1971, to September, 1972. ,The base rent was…