Mayfair Operating Corp. v. Bessemer Properties, Inc.

TERRELL, J.:

In November, 1932, and in April, 1937, appellant and appellee entered into a lease agreement and a supplement thereto whereby appellant bound itself to operate a moving picture theatre belonging to appellee. The pertinent part of the agreement is summarized in the brief of appellee as follows:

“(a) To pay the plaintiff a minimum rental for the period January 1, 1937, to December 31, 1942, in monthly installments of $300 each, and in addition thereto, the amount, if any, by which 10% of its gross revenue should exceed $3,600 per year;

“(b) to ‘use its best efforts to obtain and…