ACME MARKETS v. VALLEY VIEW SHOPPING


342 Pa.Super. 567 (1985)

493 A.2d 736

ACME MARKETS, INC., Appellant, v. VALLEY VIEW SHOPPING CENTER, INC. and Valley View Realty, Appellees.

Supreme Court of Pennsylvania.

Filed May 24, 1985.


Attorney(s) appearing for the Case

Edward S. Wardell, Philadelphia, for appellant.

Denis M. Dunn, Media, for appellees.

Before WIEAND, MONTEMURO and CERCONE, JJ.


WIEAND, Judge:

Acme Markets, Inc., a tenant of a shopping center, commenced an action in assumpsit to recover the sum of $70,328.26 which it had paid to its landlord for maintenance of the parking lot. Acme contended that the payments had been made pursuant to a mistake of fact. The trial court held that the mistake alleged in the complaint had been a mistake of law and sustained preliminary objections in the nature of a demurrer to the complaint. Acme appealed. We...

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