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Contracts Keyed to Fuller
Seggebrush v. Stosor
Facts
Seggebrush (Defendant) leased premises from Stosor (Plaintiff) and operated a gas station on the premises. Defendant agreed to pay the plaintiff 1.25 cents for every gallon of gasoline sold on the premises. Defendant later acquired the adjoining property and erected another gas station on that property beginning May 1, 1939. Until that date, Defendant had been selling about 12,000 gallons per month on the premises and had been paying the plaintiff a monthly rent of approximately $140.00. After May 1, Defendant sold about 200 gallons of gasoline per month on the premises. The plaintiff brought a forcible detainer suit against Defendant, which the court decided in plaintiff’s favor. The plaintiff brought another action in chancery and sought to recover the reasonable rental of the premises. The court granted the plaintiff a judgment of $1,696.25. Defendant appeals from the $1,696.25 judgment.
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