Park Central Development Co. v. Roberts Dry Goods, Inc.

HOWARD, Judge.

The defendant-appellee Roberts Brothers operates a retail department store in Maricopa County, Arizona, under the name-of “Diamond’s”. On or about April 10,. 1956 the plaintiff-appellant and defendant, Roberts Dry Goods, Inc., as a lessor and. lessee respectively, executed a lease of a. store in the Park Central Shopping Center,. Phoenix, Arizona.

Under the terms of the lease, in addition-, to the fixed minimum guaranteed rents, the defendant is obligated to pay to the plaintiff an annual percentage rent based on the gross sales as defined in the lease. The pertinent provisions…