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PLATT et al. v. PHILADELPHIA

183 Pa.Super. 486 (1957)

Platt et al., Appellants, v. Philadelphia.

Superior Court of Pennsylvania.

Reargued March 22, 1957.

June 11, 1957.

Attorney(s) appearing for the Case

M.E. Maurer, with him S.C. Nissenbaum, and Wexler, Mulder & Weisman, for the appellants.

Levy Anderson, First Deputy City Solicitor, with him David Berger, City Solicitor, for appellee.

Before HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (RHODES, P.J., absent).

OPINION BY ERVIN, J., June 11, 1957:

In this action in assumpsit Martin Platt and Joseph Rosenberg, appellants (hereinafter called landlords), sought to recover damages from the City or Philadelphia, appellee (hereinafter called tenant or City), for breach of a covenant to repair the demised premises. The City occupied the garage, under a written lease, for the full term of two years and eleven months and paid the landlords $350.00 a month during the entire period...

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