Atlantic Refining Co. v. Colley

Valentine, J.,

— Defendant, Will H. Colley, is the owner of certain real estate situate on Market Street, Kingston Borough, Luzerne County, Pa. By written lease dated April 1,1933, Colley and his wife leased said plot of ground to plaintiff, the Atlantic Refining Company, for the term and period of 10 years from April 15,1933. The rental provided for in the lease was “a sum equivalent to one cent per gallon on the total number of gallons of Atlantic White Flash and motor fuel sold upon said premises by the lessee, or its subtenants or tenants”. The lease further provided that one half the…