Grizzard v. Petkas

Banke, Judge.

This is a suit by the appellant to recover $23,500 in over-payments made to the appellee under a lease agreement. The lease provided that rental payments of $750 would be due for any month in which the income from the property exceeded certain specified taxes and expenses by that amount. Otherwise, the monthly rental was to be the actual amount, if any, by which the income exceeded these expenses. At year’s end, the calculations were to be made again on an annual basis, so that the appellee would receive either the actual excess of income over expenses or $9,000, whichever was…