Rosa Bros. v. Schlossman

HUBBART, Judge.

This is an appeal from a final judgment entered in a declaratory judgment action after a non-jury trial in which the trial court declared the rights of the parties with respect to an option to purchase clause in a lease agreement. Specifically, the trial court concluded from the evidence that the plaintiff lessee Rosa Bros., Inc. and the defendant lessee Banner Beef Co. upon exercise of an option to purchase clause in the lease agreement became tenants in common on a respective 44/56 basis. The plaintiff Rosa Bros., Inc. appeals contending that the apportionment of the premises…