J. H. Ewing & Sons v. Montgomery

Eberhardt, Judge.

On January 10, 1969, W. P. Montgomery sold and conveyed to The Seventh Seven, Inc. (7-7) real property in Brunswick known as the Lanier Plaza Shopping Center. At the time of the sale and prior thereto lease contracts were in force with tenants occupying business establishments in the Plaza, and J. H. Ewing & Sons was collecting the rents and otherwise acting as leasing manager. At issue here is the proper method of apportionment between Montgomery and 7-7 of "overage,” "percentage” or "excess” rent as provided for in the leases with Harold’s Men’s Shop, Inc., Brunswick Vogue,…