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Slater v. Pearle Vision Center, Inc.

376 Pa. Super. 580 (1988)

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Slater v. Pearle Vision Center, Inc.

Pennsylvania Superior Court

376 Pa. Super. 580 (1988)

Facts

Pearle Vision Center, Inc. (Pearle) (defendant) leased property in a shopping mall from Maurice Slater, owner of Bloomsburg Shopping Center (the shopping center) (plaintiff). The lease had a use clause stating that the property would be used only as a vision center. Another provision said that Pearle would open for business no later than 90 days after receiving approval from the shopping center. The lease included abandonment as a ground for default but contained a narrow exception for a vacancy due to repairs or transfer to a franchisee or assignee. Although Pearle paid the rent under the lease, it never occupied the property. The shopping center was concerned that a vacant store would diminish business for the mall as a whole. The shopping center filed suit, seeking an injunction requiring Pearle to occupy and use the property. The trial court dismissed the shopping center’s complaint, finding that Pearle did not have an express or implied obligation to occupy and use the property. The shopping center appealed.

Rule of Law

Issue

Holding and Reasoning (Beck, J.)

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