Klass v. Twin City Federal Savings and Loan Ass'n

Otis, Justice.

The question raised by this appeal is whether a lessor is entitled to retain that part of an award in a condemnation proceeding which was intended to reimburse the owner for real estate taxes paid by the tenant pursuant to the provisions of the lease. The trial court held that the tenant was entitled to recover the amount of the tax from the lessor, and we affirm.

In 1957, the parties entered a lease which provided that the tenant was to pay the lessor a specified sum, plus a monthly amount described as follows:

“Tenant agrees to pay to Lessor as additional rent for said premises…