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2401 PA. AVE. CORP. v. FED. OF JEWISH AG.

319 Pa.Super. 228 (1983)

466 A.2d 132

2401 PENNSYLVANIA AVENUE CORP. t/a 1528 Walnut Street Company v. FEDERATION OF JEWISH AGENCIES OF GREATER PHILADELPHIA, Appellant.

Supreme Court of Pennsylvania.

Filed August 19, 1983.

Reargument Denied October 25, 1983.

Petition for Allowance of Appeal Granted February 29, 1984.

Attorney(s) appearing for the Case

Richard M. Squire, Philadelphia, for appellant.

Tom P. Monteverde, Philadelphia, for appellee.

Before SPAETH, BROSKY and BECK, JJ.

BROSKY, Judge:

Lessee/appellant appeals here from the dismissal of its exceptions and from judgment against it for $292,686.83 in rent. Following a bench trial, the Court of Common Pleas held that lessee had anticipatorily repudiated his lease and was liable to the lessor/appellee for the rent due. This court finds that lessee did not, as a matter of law, anticipatorily breach the contract. Further, this court...

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