Shuford Development Company v. Chrysler Corporation

ON PETITION FOR REHEARING

PHILLIPS, Circuit Judge:

In a petition for rehearing, Chrysler, defendant below and appellant here, asserts that we misconstrued and erred in failing to follow Sisco v. Rotenberg, Fla. 1958, 104 So.2d 365, in our former opinion herein.

In Sisco v. Rotenberg, supra, Sisco, whom we shall hereinafter refer to as the lessor, entered into a lease of certain real estate situated in Florida with Rotenberg, whom we shall hereinafter refer to as the lessee, for a base term of five years.

The last two paragraphs of the lease provided:

“The Lessor agrees, during the tenure of this…