Marsh Realty Co. v. 2420 Roswell Avenue

ARNOLD, Judge.

Defendant contends that the trial court improperly interpreted the lease and erred in granting plaintiffs motion for summary judgment. We agree.

The provision of the lease governing rental payments attempts to provide a formula for determining rent for years twenty through seventy-five of the lease. Under the formula, the percentage increase in the Cost-of-Living Index is to be applied to the “base rental period” in order to determine rent for years twenty to thirty of the lease. The lease states that the “base rental period” is “hereinafter defined” but the definition is never…