Ephraim Theatre Company v. Hawk

CROCKETT, Justice.

Defendants seek reversal of a judgment for rental of plaintiff’s theater building at $125 per month for a period of 10 months. Their attack on the judgment is grounded on their contention that any obligation to pay rent was contingent, to be paid only out of income from the theater as provided in the terms of a written contract; whereas the trial court held the requirement for the payment of rent as unconditional, which holding we reverse.

Plaintiff corporation owned tlje Ephraim Theatre in Ephraim, Utah. On April 30, 1946, the parties entered into a contract for a joint…