Franklin v. Fischer

This is an action to cancel a lease and recover possession of leased premises, and for rentals due under the lease, with a cross-complaint asking for damages against the lessors for their failure to keep the premises in repair.

The leased premises consist of a service station, restaurant, and tourist cabins. By article 3, the lessee was to pay, as “full rental for the premises during the effective term of this Lease”: a gallonage charge for the use of the “automotive equipment, pumps and like items of personal property”; thirty-five per cent of , the gross receipts from the tourist cabins, for…