Dickey v. Philadelphia Minit-Man Corp

377 Pa. 549, 105 A.2d 580 (1954)

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Nature of the Case

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Facts

Dickey (P) leased a vacant tract of land for 10 years to Minit-Man (D) with an option for an additional 10-year term. D was to use the land for 'washing and cleaning automobiles . . . and for no other purpose.' Rent was 12.5% of D's annual gross sales or a minimum of $1,800 per year. D was to erect its own structures and fixtures which were to become P's upon termination or expiration of the lease. For all practical purposes, D discontinued car washing after five years except as incidental to simonizing and polishing but continued to pay at least the minimum rental. P sought to evict D on grounds that D's discontinuance of car washing except as incidental to other purposes was a violation of the terms of the lease. D filed preliminary objections in the nature of a demurrer to the complaint. The court sustained the objections and dismissed the action. Plaintiff appeals.