Summary
noting that the words of a contract must be given their ordinary meaning
Summary of this case from South Hills Vil. Associates v. Select RestaurantsOpinion
Argued October 2, 1958.
November 10, 1958.
Contracts — Leases — Construction — Unambiguous language — Words and phrases — In any event.
1. In this action of assumpsit by a lessee of property used for bowling alleys to recover alleged loss of profits and rental paid the defendant in which it appeared that the lease provided for a term of twenty years commencing September 1, 1956, at an annual rental of $10,000; that one clause of the lease provided "The demised premises shall be available for the commencement of installation of the bowling alleys by Tenant on or before June 1, 1956", and plaintiff complained the premises were not made available to it for the installation of the necessary equipment until July 20, 1956, and as a result of such delay plaintiff was unable to complete the installation of its equipment by September 1st, 1956 and was unable to begin business operations until September 19th, resulting in a large loss of profits; that the lease also provided "In any event, failure on the part of the Lessor to complete the premises before the date specified herein for the commencement of the term shall not be grounds for cancellation of the Lease by the Tenant, or claim for damages, provided that the premises are completed within one year thereafter", and also provided in the following paragraph that in the event the premises were not completed by September 1, 1956 the term of the lease was to begin on September 1, 1957; and plaintiff claimed the right to recover all rental paid up to September 1, 1957 by reason of this latter provision, it was Held that (1) it was the intention of the parties to prohibit a suit for damages for delay in completion, which would afford protection to the lessor, and also protect the lessee by granting him the privilege of delaying the start of the term until September 1, 1957; (2) defendant was not liable to plaintiff for the alleged loss of profits arising out of the delay; and (3) in view of the fact that plaintiff had elected to enter into possession of the premises and begin business operations despite the delay, he was under a duty to pay the rent for the period commencing September 1, 1956 and terminating September 1, 1957.
2. The interpretation of an agreement which is clear and unambiguous is for the court.
3. Words in a contract must be given their ordinary meaning.
4. The words "in any event" mean at all events, in any case, anyhow.
Before JONES, C. J., BELL, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 132, March T., 1958, from judgment of Court of Common Pleas of Allegheny County, Jan. T., 1957, No. 1957, in case of Pines Plaza Bowling, Inc. v. Rossview, Inc. Judgment affirmed.
Same case in court below: 14 Pa. D. C.2d 459.
Assumpsit.
Order entered sustaining defendant's preliminary objections, and judgment entered, opinion by LEWIS, J. Plaintiff appealed.
Aaron Rosenzweig, with him Samuel M. Rosenzweig, for appellant.
David R. Levin, for appellee.
Judgment affirmed on the able opinion of Judge LORAN LEWIS, 14 Pa. D. C.2d 459.