Legal Opinion

Heroic Hoagie Inc. v. Massa

Pennsylvania Court of Common Pleas, Monroe County

Decided May 13, 1996No. 926 Civil 1996Published

1Opinion of the Court

O’BRIEN, J.,

I. FINDINGS OF FACT(1) On May 20, 1993, Anthony Massa Jr. and James P. Athens, hereinafter referred to as landlords, entered into a five year lease agreement with Heroic Hoagie Inc., through its president Melissa Masure, hereinafter referred to as tenant, for suite 8 of the Regency Plaza on Route 209 in Brodheadsville, Monroe County, Pennsylvania. The lease contained the following pertinent provision:

“ARTICLE 6. RECIPROCAL LIMITATIONS
“Exclusive Business Rights
“6.01 LESSOR will not in.any way lease out, operate, or otherwise provide or allow any premises under LESSOR’S control to…

2Cases cited4 opinions

  1. Albee Homes, Inc. v. Caddie Homes, Inc.Supreme Court of Pennsylvania · 1965
  2. Great A. & P. Tea Co. v. BaileySupreme Court of Pennsylvania · 1966
  3. JC PENNEY COMPANY v. Giant Eagle, Inc.District Court, W.D. Pennsylvania · 1992
  4. Commonwealth, Board of Finance & Revenue v. Rosetta Oil, Inc.Supreme Court of Pennsylvania · 1993

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