Downtown Associates, Ltd. v. Burrows Bros. Co.

Plaintiff Downtown Associates, Ltd. (the “lessor”) appeals from a summary judgment against it and in favor of Burrows Bros. Co. (the “lessee”), the defendant in an action for alleged breach of a percentage rental agreement. The lessor’s appeal is timely, and raises three assignments of error 1 which will be consolidated for review. From the record before us, we hold that the trial court correctly concluded that the express provisions of the lease, construed in light of the circumstances, compel summary judgment as a matter of law.

The lessor is the successor in interest under a lease executed…