The Pennsylvania Supreme Court has agreed to hear an appeal in a commercial landlord/tenant contract dispute in which the state Superior Court found the trial judge rendered an inconsistent award for the plaintiff that simultaneously rescinded and enforced the lease contract.
In Gamesa Energy v. Ten Penn Center, a Philadelphia trial judge found the landlord had breached the lease contract by failing to timely respond to its tenant’s request to sublease part of its premises. The judge retroactively rescinded the contract and awarded the tenant damages for unjust enrichment. But the judge also awarded the tenant damages equal to the amount it would have received under the proposed sublease.
