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STERN ESTATE

415 Pa. 478 (1964)

Stern Estate.

Supreme Court of Pennsylvania.

November 10, 1964.

Attorney(s) appearing for the Case

David F. Alpern, with him J. Benjamin Alpern, for appellants.

Charles F. Dean, with him David M. Janavitz, for appellees.

Before BELL, C.J., MUSMANNO, JONES, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, November 10, 1964:

Appellees presented a claim against the executors of Stern's Estate for $2500 for breach of Stern's covenant in his ten year written lease with appellees dated November 30, 1955. The lease permitted an assignment by the tenant and also pertinently provided: ". . . if the . . . assignee, . . . shall discontinue the operation of the theatre or abandon the same, Norbert Stern shall pay to the Lessors Twenty-five Hundred ($2500.00...

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