Joseph J. Freed & Associates, Inc. v. Cassinelli Apparel Corp.

I must respectfully dissent. While it is uncontested that appellant violated one of some sixty leasehold covenants contained in a twenty-two page lease by slightly deviating from appellee’s mandated hours of operation for a two-month period out of a fifteen-year lease term, that violation, when viewed in the context of the lease as a whole, constituted a mere technical breach which does not warrant the extreme remedy of forfeiture of the leasehold and eviction.

I would adopt the definition of material breach recommended by the Restatement of the Law 2d, Contracts (1981) 237, Section 241, which…