Schmeck v. Bogatay

This is an action to enforce payment of additional rent alleged to be due under the provision of a lease which increased the minimum monthly rental payments from $450 to $625 per month upon the occurrence of conditions which are the subject of this controversy. The case was tried before the court, sitting without a jury. Defendant appeals from a $2,800 judgment for plaintiffs.

In November 1961 plaintiffs leased to defendant a building in downtown Klamath Palls for operation of a shoe store. Defendant had previously been a tenant on the same premises and had also owned two other shoe stores.…