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Albert M. Greenfield & Co. v. Kolea

380 A.2d 758 (1977)

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Albert M. Greenfield & Co. v. Kolea

Supreme Court of Pennsylvania

380 A.2d 758 (1977)

Facts

Albert M. Greenfield & Co. (plaintiff) leased two adjacent lots in Philadelphia to Kolea (defendant). One lot contained a building; the other was vacant. The mutually understood purpose was that Kolea would use the lots to run a used car repair and sales business. The leases contained no provision governing the tenant’s responsibilities in the event of destruction of the property. Midway through the term of the leases, the building burned down due to an accidental fire, and the city required Greenfield to erect a barrier around both lots. Kolea then refused to pay rent on either lot. Greenfield brought suit against Kolea for breach of lease, and was awarded $7,200. Kolea appealed to the intermediate appeals court, which affirmed the trial court. Kolea then appealed to the state Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Manderino, J.)

Concurrence (Roberts, J.)

Concurrence (Nix, J.)

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