From our private database of 26,900+ case briefs...
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.)
What to do next…
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.