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LOTT v. GUIDEN (06/17/65)

decided: June 17, 1965.

LOTT
v.
GUIDEN, APPELLANT



Appeal from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1961, No. D. S. B. 3060, in case of Mary F. Lott v. Frank R. Guiden, doing business as Arrow Cleaners.

COUNSEL

Charles G. Notari, for appellant.

Edward A. Craig, III, with him Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Jacobs, J.

Author: Jacobs

[ 205 Pa. Super. Page 521]

Defendant appeals from the entry of a judgment against him for rentals under a written lease of real estate. The lower court directed a verdict for the plaintiff in the amount of $3,128.77 and denied defendant's motion for a new trial.

Defendant rented a storeroom in the Park View Shopping Center, Mt. Lebanon Township, Allegheny County, at $175 per month for use as a pickup station for his laundry and dry cleaning business. The ten year lease began on March 1, 1958, and included the following clause regarding parking facilities:

"Lessor gives and grants unto the Lessee an easement in all that land that may from time to time be set aside for side walks and for ingress and egress to and from the leased premises above and for free parking, the same to be used and enjoyed by the Lessee, the Lessee's invitees, customers and the general public, but subject to the same right to be enjoyed by other lessees and occupants of Lessor's premises. The Lessor shall pave, arrange and maintain those walks and blacktop, arrange and maintain those parking areas in the vicinity of and adjacent to Lessee's premises. The said walks and parking areas shall remain under Lessor's control and not be fenced or otherwise obstructed and shall be kept open for the free use thereof as herein intended."

[ 205 Pa. Super. Page 522]

When the lease was entered into with defendant on February 25, 1957, two parking spaces were marked on the ground directly in front of defendant's storeroom but the shopping center plot plan, signed by the defendant on the same day, nowhere indicated that parking spaces were to be provided directly in front of the store.

On May 8, 1958, the plaintiff-lessor made an assignment of this and other leases to New England Mutual Life Insurance Company as collateral security for a loan. This assignment provided that the plaintiff had the right to all rents, income and profits arising under the lease so long as there was no default in the plaintiff's payments on the loan, and further provided that the assignee might take possession and collect the rents, income and profits if there was such default.

Defendant received a copy of this assignment on May 15, 1958, with a letter telling him to continue making rent payments to plaintiff until otherwise notified. He did so and plaintiff never defaulted in her loan payments to New England Mutual.

Sometime in the spring of 1959, a "No Parking" sign was painted over the lines marking the two parking places in front of defendant's store. The identity of the sign painter was not established at trial but we will assume that it was done by plaintiff or her agent. Defendant testified that his monthly gross receipts dropped after this and, due to ...


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