SUN D. CO., INC. v. U. PARK SHOP. V., INC. et al.


220 Pa.Super. 446 (1972)

Sun Drug Company, Inc., Appellant, v. University Park Shopping Village, Inc. et al., Appellants.

Superior Court of Pennsylvania.

March 30, 1972.


Attorney(s) appearing for the Case

W. Louis Coppersmith and William T. Marsh, with them Earl F. Glock, Margolis & Coppersmith, and Glock & Mayer, for defendants.

William T. Marsh, with him Earl F. Glock, and Glock & Mayer, for plaintiff.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and CERCONE, JJ. (SPAULDING, J., absent).


OPINION PER CURIAM, March 30, 1972:

Order and judgment affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I find no ambiguity in the reimbursement agreement and would render judgment n.o.v. in favor of the plaintiff for the full amount of its claim, i.e., $62,238.83, plus interest.

Clause (2) provides, "If Sun shall pay any Basic Rentals . . . after the expiration of one (1) year . . . University . . . will promptly reimburse Sun . . ....

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