Axe v. Stern

Opinion by

Baldrige, J.,

The parties to this action entered into a lease, October 1, 1930, which contained the following provision: “The lessee agrees to refund to the lessor all increase of taxes upon the demised premises in excess of $5,130.00 ...... Such payments shall be treated in all respects as rent due and shall be payable on August 1st of each year during the term.” The taxes on the demised premises were increased for 1931 and 1932. This action was brought by the plaintiff to recover from the lessee the amount of the increased taxes which she alleges were paid with her funds.

At the…