Legal Opinion
Lowe's of Shelby, Inc. v. Hunt
Court of Appeals of North Carolina
Decided July 7, 1976No. 7623SC66PublishedCited by 5 opinions
1Opinion of the Court
CLARK, Judge.
This appeal presents the following issue: Does the lease agreement of 1 August 1969, providing for payment of additional rental of one-half per cent of all sales in excess of $900,000, apply to sales made at plaintiff’s new location between 31 August 1973, when plaintiff moved out of the leased premises, and 31 July 1974, the termination date of the lease?
The defendants contend that the provision in the lease for additional rental based on percentage of sales plainly states that it applies to “all sales” in excess of $900,000.00, and relies on the basic rule of contract law that…
2Cases cited5 opinions
- Masciotra v. HarlowCalifornia Court of Appeal · 1951
- Jenkins v. Rose's 5, 10 & 25c Stores, Inc.Supreme Court of North Carolina · 1938
- Tuttle v. W. T. Grant Co.Appellate Division of the Supreme Court of the State of New York · 1958
- Kohler v. JA JONES CONSTRUCTION COMPANYCourt of Appeals of North Carolina · 1974
- Tuttle v. W. T. Grant Co.Appellate Division of the Supreme Court of the State of New York · 1960
3Cited by5 opinions
- Bastian v. Albertson's, Inc.Idaho Court of Appeals · 1982
- Thompson Development, Inc. v. Kroger Co.West Virginia Supreme Court · 1991
- Forrest Drive Associates v. Wal-Mart Stores, Inc.District Court, M.D. North Carolina · 1999
- Frederick Business Properties Co. v. Peoples Drug Stores, Inc.West Virginia Supreme Court · 1994
- Lowe's of Shelby, Inc. v. HuntSupreme Court of North Carolina · 1976