Sexton

The plaintiff, as surviving lessor under a written lease, brought this action against the defendant, as lessee thereunder, to obtain a judgment declaring the lease terminated, for rental due, for an accounting, and for “such other and further relief as to the court may seem meet and proper in the premises.” The complaint, denominated “Complaint for Declaratory Relief,” was in two counts; the first thereof sought termination because of the defendant’s failure to exercise an option to purchase; and the second count based the right to terminate upon alleged breaches of the lease respecting rental payments. The court found that the failure to exercise the option was not a ground for termination; that the defendant was required and failed to pay $2,275 under a term of the lease providing for an increase in rent based upon an increase in the market value of the land leased; that the defendant also was required and failed to pay $1,438.55 under a term of the lease providing for the payment of 10 per cent of the net profit from the business conducted on the leased premises; that the defendant had violated a non-assignment provision of the lease; that, by virtue of each of the foregoing…