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Contracts Keyed to Fuller
Garden State Plaza Corp. v. S.S. Kresge Co.
Citation:
78 N.J. Super. 485, 189 A.2d 448 (1963)Facts
Garden State Plaza Corporation leased approximately 16,000 square feet of mall level space and 15,000 square feet of below-mall level space to S.S. Kresge Company in a shopping center for approximately 25 years. The lease contained provisions regarding “Common Area charges” to compensate the landlord for maintenance of parking areas. Section 4.3 of the lease established that floor space would be “weighted” differently for calculating the tenant’s share of these charges, with mall level space weighted at 100% and below-mall level space at 50%. A rider section 4.3(a) set a maximum rate of 25¢ per square foot for the first seven years. The dispute arose over whether this maximum rate applied equally to all floor space or whether the weighting concept from section 4.3 should be incorporated, resulting in a maximum of 12.5¢ per square foot for below-mall level space. The lease contained a provision (section 17.23) stating that previous negotiations could not be used to interpret or construe the contract. When Kresge attempted to introduce evidence of prior negotiations to support its interpretation, Garden State objected based on this provision.
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