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FAYETTE R. PLUMB, INC. v. COOPER INDUSTRIES, INC.

Civ. A. No. 83-4847.

587 F.Supp. 64 (1984)

FAYETTE R. PLUMB, INCORPORATED, v. COOPER INDUSTRIES, INC. and McDonough Co.

United States District Court, E.D. Pennsylvania.

July 10, 1984.

Attorney(s) appearing for the Case

Jeffrey L. Pettit, Hepburn, Willcox, Hamilton & Putnam, Philadelphia, Pa., for plaintiff.

Fred D. Furman, Kleinbard, Bell & Brecker, Philadelphia, Pa., for Cooper Industries.

Robert J. Donaghy, Philadelphia, Pa., for McDonough Co.

MEMORANDUM AND ORDER

DITTER, District Judge.

In this action plaintiff is attempting to recover for defendants' alleged breach of a covenant to maintain leased premises in good repair.1 The lease has terminated and defendant has vacated. Plaintiff seeks the cost to repair the premises as damages. Defendant, however, argues that cost of repairs is the proper measure of damages only when that amount does not exceed the diminution...

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