Pacific Gamble Robinson Co. v. Pay'n Save Drugs, Inc.

Appellant, Pacific Gamble Robinson Co., leased property from Lincoln National Life Insurance Co. and operated a grocery store under the name Tradewell Stores, Inc. on a part of that property. Appellant, in turn, leased a portion of that property to respondents who operated Pay’n Save Drugs, Inc. on their part.

The original sublease between Tradewell and Pay’n Save, executed in 1955, provided for two types of rental: minimum rental and excess rental. Excess rental was discussed under a lease heading entitled “Gross Sales Rental” in the original sublease and was the rental paid in addition to…