BARASH V. PENNSYLVANIA TERMINAL REAL ESTATE CORP.
256 N.E.2d 707 (1970)
NATURE OF THE CASE: This was a dispute over a lease.
FACTS: Barah (P) leased premises in a totally enclosed office building. Pennsylvania (D)
represented that the building would be open 24/7 to enable tenants and others to occupy the
offices at all times. D was informed that air would be circulated by a duct system when the
AC was turned off. P signed the lease based on these representations, known by the landlord
to be false. In fact, the lease only required D to provide air cooling from June through
September from 9 am to 6 pm. P took possession of the office and at 6 pm, D turned off the
air. P claimed the office became so hot that it was not fit for usage. D refused to provide
ventilation after hours unless P paid an additional fee of $25 per hour. P refused to pay
rent. The lease contained a general merger clause. P sued D under a partial actual eviction
and for reformation. D moved to dismiss for legal insufficiency and was denied. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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