Carp & Co. v. Goldstine

This is a suit to recover the rent for premises of appellant, leased to appellee and vacated by appellee during the term. Appellant leased to appellee the balcony and island window of their store in Canton for a term, commencing on June 1,1925, and to extend for a period of two years. The rent was based upon a percentage of appellee’s sales but was to be not less than $100 a month. Appellee occupied the balcony and island window from June, 1925, until September 1, 1926, and then abandoned the lease. The declaration contained three counts, based upon the written lease. To the declaration,…