KATZ v. PITTSBURGH MERCANTILE CO.


414 Pa. 638 (1964)

Katz v. Pittsburgh Mercantile Company, Appellant.

Supreme Court of Pennsylvania.

July 1, 1964.


Attorney(s) appearing for the Case

Henry E. Rea, Jr., with him Brandt, Riester, Brandt & Malone, for appellant.

David McNeil Olds, with him William T. Marsh, and Reed, Smith, Shaw & McClay, for appellees.

Before JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE COHEN, July 1, 1964:

After directing a verdict for landlord-plaintiffs, the lower court refused tenant-defendant's motions for judgment n.o.v. and a new trial and entered judgment for plaintiffs. Defendant appeals.

By written agreement, defendant leased from plaintiffs a large building for use as a department store at a minimum rental plus 3% of gross sales. Gross sales is defined in the lease as "the gross sales price of all merchandise...

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