Wright

This appeal presents the issue of the proper construction to be given to the rental provisions of a lease. Plaintiffs, the lessors under the lease, filed a complaint against defendant, the lessee, seeking additional rent they asserted was due. Defendant answered, and brought a cross-complaint for declaratory relief asking that the court declare no additional rent was due. Each side then moved for a summary judgment on its pleading and to dismiss (or strike) the other’s complaint (or cross-complaint). It was stipulated that “no triable issue of fact is raised either by the pleadings or by the affidavits” and “that a summary judgment may be granted by the court.” The court heard the motions and ruled in defendant’s favor, granting its motion for summary judgment on the cross-complaint for declaratory relief, and denying plaintiffs’ motions for summary judgment and to strike defendant’s cross-complaint. Plaintiffs filed a notice of appeal from the judgment entered.

The lease in question is a written agricultural lease with a 10-year term beginning January 1, 1959, and ending December 31, 1968. The dispute centers around the following provisions : ‘ ‘ The Lessee shall pay to the…