Ratoza v. FLAME, INC.

Defendants appeal from a judgment for plaintiffs in an f.e.d. action tried before the court.

Plaintiffs, as lessors, entered into a lease agreement with defendants in January, 1971. The agreement provided for a fixed monthly rental plus 5 per cent of the gross sales from the preceding month. Both payments were to be made on the first day of each month or within a grace period of 10 days. Prior to the instant f.e.d. action, the parties were having disagreements concerning the lease and had been involved in a declaratory judgment action. As a result, defendants admitted that they knew plaintiffs…