Monarch Accounting Supplies, Inc. v. Prezioso

368 A.2d 6 (1976)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P conducts its mail-order business from a building leased to it by D. In 1973, P learned that Murphy, Inc., an outdoor advertising concern, would erect a large sign on the roof of the building. D had never notified P of his actions nor sought P's consent. After numerous holes were made in the building's walls and roof, and after much of the supporting structure was in place, P brought this action against D, Murphy, Inc., and the Leake and Nelson Company, seeking, with other relief, an order enjoining further work on the sign. P filed an amended complaint against D alone which asserted: P (a) suffered a substantial interruption of its business for approximately one month; (b) was obliged to expend large sums of money for the services of an engineer and legal counsel to ensure the safety of the leased building and the safety of P's employees and property; (c) suffered a diminution of storage space in the leased building; and (d) has been deprived of the benefit of D's covenant that P have the quiet use and enjoyment of the premises leased to it.' And in a separate paragraph: 'As a further result of the act of defendant in authorizing installation of said sign, defendant will be unjustly enriched at the expense of plaintiff.' The court awarded P $245, which is one-half of the expenses it incurred for fees paid to the structural engineer, and $1360, which is one-half of the rent accrued from Murphy, Inc., and it found that P would be entitled to one-half of the rent to be paid for the period from February 1, 1975, to, and including, the month of May 1977. D appealed.