Hardee's Food Systems Inc. v. Bowers

Jordan, Presiding Judge.

This is a declaratory judgment action brought by a tenant, Hardee’s Food Systems, Inc., against its landlord, Lloyd G. Bowers, Inc., to ascertain the meaning and application of the provisions of a lease requiring payment of a portion of the rent in common stock of the tenant corporation. The provisions are as follows: “2. Section 3B of the aforesaid rental agreement is hereby amended so as to read as follows: B. Percentage Rental. In addition to said annual guaranteed minimum rental, as aforesaid, the tenant covenants and agrees to pay to the landlord as additional…