PRUD. INS. CO. v. GOODMAN & THEISE, INC.


396 Pa. 366 (1959)

Prudential Insurance Company of America v. Goodman & Theise, Inc., Appellant.

Supreme Court of Pennsylvania.

July 2, 1959.


Attorney(s) appearing for the Case

Abraham L. Freedman, with him Michael M. Dean, and Wolf, Block, Schorr & Solis-Cohen, for appellant.

C.H. Welles, 3rd, with him Welles & Mackie, for appellee.

Before BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE BELL, July 2, 1959:

An action was brought for a declaratory judgment to construe a lease. Plaintiff, as landlord, and defendant, as tenant, executed on February 15, 1950, a lease for 25 years on premises 820 South Washington Avenue, Scranton, Pa. On August 18, 1955, the leased premises were substantially damaged by a disastrous and unprecedented flood. The tenant remained in possession of the building, which was partly usable. The cost of reconstructing...

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