California Court of Appeal August 10, 1960, Civ. No. 9653 (O'Harra v. Ghiglia)

PEEK, J.

Plaintiff, by her complaint, sought an accounting and the recovery of such sums of money as the accounting indicated were due to her from defendant under the terms of a percentage base lease entered into by the parties. Defendant’s cross-complaint alleged an overpayment of rent by him and sought reformation of the lease on the grounds of fraud and mistake.