Legal Opinion
Fayette R. Plumb, Inc. v. Cooper Industries, Inc.
District Court, E.D. Pennsylvania
Decided July 10, 1984No. Civ. A. 83-4847PublishedCited by 4 opinions
1Opinion of the Court
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 in the premises fair market value resulting from the breach. Put another way, defendant asserts that the diminution in fair market value should serve as a cap on the…
2Cases cited9 opinions
- Keystone Aeronautics Corporation, a Corporation v. R. J. Enstrom Corporation, a Corporation v. Foundry Allied Industries, Inc., a CorporationCourt of Appeals for the Third Circuit · 1974
- Crystal Concrete Corp. v. Town of BraintreeMassachusetts Supreme Judicial Court · 1941
- Missouri Baptist Hospital v. United StatesUnited States Court of Claims · 1977
- William K. Bowes, Edwin L. Bowes, Franklin B. Bowes, Marion R. Bowes, Kathryn B. Clark and Mary B. Diehl v. Saks & Company, a New York CorporationCourt of Appeals for the Seventh Circuit · 1968
- Pennsylvania Cement Co. v. Bradley Contracting Co.Court of Appeals for the Second Circuit · 1926
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ceres Terminals, Inc. v. Chicago City Bank & Trust Co.Appellate Court of Illinois · 1994
- Meade v. KubinskiAppellate Court of Illinois · 1996
- Ceres Terminals v. CHICAGO CITY BANKAppellate Court of Illinois · 1994
- Crisman v. StiddSuperior Court of Pennsylvania · 1990