Acme Markets, Inc. v. Valley View Shopping Center, Inc.

WIEAND, Judge:

Acme Markets, Inc., a tenant of a shopping center, commenced an action in assumpsit to recover the sum of $70,-328.26 which it had paid to its landlord for maintenance of the parking lot. Acme contended that the payments had been made pursuant to a mistake of fact. The trial court held that the mistake alleged in the complaint had been a mistake of law and sustained preliminary objections in the nature of a demurrer to the complaint. Acme appealed. We affirm.

A mistake of law is a mistake “as to the legal consequences of an assumed state of facts.” Betta v. Smith, 368 Pa. 33, 36,…