Mercantile Realty & Inv. Co. v. S. S. Kresge Co.

KERNER, Circuit Judge.

This appeal presents the question whether, under the terms of the written lease involved, certain taxes on the real estate demised thereby were the obligation of the lessor or the lessee. Upon the refusal of the latter to pay the taxes the lessor paid the amounts due and then commenced an action to recover. The court rendered summary judgment for the plaintiff on its motion therefor, and from that judgment this appeal is prosecuted.

The lease in question was entered into on November 16, 1920, for a term of 25 years beginning November 1, 1922 and ending October 31, 1947.…