441 Pa. 147 | Pa. | 1970
Opinion by
Bel-Air, Inc. (appellee) lessor, brought this action in assumpsit for rent allegedly due it from Lawrence G. R. Kinney Co., Inc. (appellant), lessee. The case was tried before a jury which rendered a verdict in favor of appellee in the amount of $17,500. Appellant filed motions for a new trial and judgment n.o.v. which were dismissed by the court en banc. Kinney, appellant-lessee, appealed.
At the time the lease was entered into in 1957, appellee’s shopping center had not as yet been erected. The lease was for a term of 15 years beginning March 1,1959, and expiring March 1,1974. On April 26,1967,
Appellant claims that the “Other Tenants” clause relieves it from paying rent to appellee for the balance of the lease period because one of the named tenants moved out of the shopping center after seven and one-half years of occupancy. In effect, appellant is arguing that this is an exculpatory clause excusing it from fulfilling its legal obligation under the other written terms of the lease and diminishing appellee’s legal rights as lessor. To avoid the obligation assumed under the lease, appellant must clearly demonstrate that the escape clause requires the relief requested.
“An agreement ... by which it is intended to diminish legal rights which normally accrue as a result of a given legal relationship . . . must spell out the intention of the parties with the greatest of particularity, since such contracts or instruments are construed strictly against the party seeking their protection.” Morton v. Ambridge Borough, 375 Pa. 630, 635, 101 A. 2d 661, 663 (1954). See, also, Employers Liability Assurance Corporation, Ltd. v. Greenville Business Men’s Associa
Judgment affirmed.