DRIEBE v. DAVIS ET AL.


86 Pa. D. & C. 552 (1953)

Driebe v. Davis et al.

Common Pleas Court of Lackawanna County, Pennsylvania.

October 28, 1953.


Attorney(s) appearing for the Case

Philip V. Mattes and Roger Mattes, for plaintiff.

John P. Mahon and Ellis Berger, for defendants.


HOBAN, P.J., October 28, 1953.

This is a petition for declaratory judgment. The facts are stipulated.

Driebe demised premises in Scranton to defendants for commercial purposes for a term of five years from March 1, 1948. Inserted in the lease after the description was this clause:

"Lessee to have privilege of renewal for five additional years at same rent upon giving 90 days written notice to Lessor prior to expiration of the term."

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