Wright v. Coberly-West Co.

This appeal presents the issue of the proper construction to be given to the rental provisions of a lease. Plaintiffs, the lessors under the lease, filed a complaint against defendant, the lessee, seeking additional rent they asserted was due. Defendant answered, and brought a cross-complaint for declaratory relief asking that the court declare no additional rent was due. Each side then moved for a summary judgment on its pleading and to dismiss (or strike) the other’s complaint (or cross-complaint). It was stipulated that “no triable issue of fact is raised either by the pleadings or by the…