Maxwell, Inc. v. Williams-McWilliams Industries, Inc.

YARRUT, Judge.

This is a suit by a Lessor to recover $7706.01 additional rent due from the Lessee, under an escalator clause in the lease, from September 1, 1952, to August 31, 1958, when Lessee surrendered the premises by mutual consent.

The District Court allowed only $2,054.-40 for the final lease year (September 1, 1957, through August 31, 1958).

Defendant has appealed, praying for a complete reversal, and Plaintiff has answered asking an increase to the full amount of $7706.01.

*675At the outset, it is appropriate to state that both the original Lessor and Lessee were succeeded by the present…