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TULIP REALTY CO. v. CITY PRODUCTS CORP.

No. 1032.

27 Pa. D. & C. 2d 629 (1961)

Tulip Realty Co. v. City Products Corporation

Common Pleas Court of Philadelphia County, Pennsylvania.

November 3, 1961.

Attorney(s) appearing for the Case

Shapiro, Rosenfeld, Stalberg & Cook, for plaintiff.

A. John May, Jr. and Duane, Morris & Heckscher, for defendant.

KELLEY, J., November 3, 1961.

I.

Pleadings and Issues

This is an action in equity instituted by plaintiff, Tulip Realty Co., the owner, developer and operator of a shopping center, against City Products Corporation, one of its tenants in the center, to compel it to reopen the variety store in the center and to resume its former operation thereof.

Plaintiff contends that defendant breached an affirmative covenant in the lease...

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