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TRANS-FUEL, INC. v. SAYLOR et ux.

440 Pa. 51 (1970)

Trans-Fuel, Inc. v. Saylor et ux., Appellants.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

Donald A. Semisch, for appellants.

Harry C. Barbin, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, October 9, 1970:

The question in this matter is whether a lease for a service station from the appellants to the appellee fuel company (as lessee) and the leaseback from the appellee to the appellants are severable or are so interdependent that the rescission of one amounts to a surrender of rights under the other.

The following statement of facts is contained in the opinion of the court below:

"In 1959, the defendants...

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