Arbor Advertising Corp. v. Grammatico

FRANK, Judge.

In January of 1984 the Grammaticos purchased a piece of property upon which a wooden sign had been erected belonging to Arbor Advertising. Thereafter Arbor and the Grammaticos negotiated a lease for a new sign. A map of the property was appended to the lease and identified the situs of the sign. The lease provides, in pertinent part, that: “In the event Lessee is unable to obtain the required permits from all governmental agencies, this lease shall be null and void and of no force and effect and any consideration exchanged in connection herewith shall be returned.”

A non-jury…