Homes Oil Realty Co. v. Hechinger Properties Co.

HOOD, Chief Judge.

Appellee, the owner of a gasoline filling station, sued appellant, its tenant, for two months’ unpaid rent and for taxes alleged to be due and unpaid. The tenant denied owing the amount of taxes claimed, and, while admitting the rent was unpaid, contended in defense and by counterclaim that the rent should have been adjusted because traffic passing the filling station had been restricted for a period while the bordering roadway was being widened. The trial court found for the owner on its claim and denied the counterclaim. This appeal involves the meaning of two provisions…