Teodori v. Werner

OPINION OF THE COURT

ROBERTS, Justice.

Tenant William Werner (appellant) seeks to open both a confessed money judgment and a confessed judgment of possession entered in favor of landlords Carlo and Mildred Teodori (appellees). Primarily at issue on this appeal is whether landlords’ breach of the lease’s “non-competition” clause provides tenant a defense to the landlord’s actions for sums due and in ejectment. We are persuaded by our established caselaw, e. g., McDanel v. Mack Realty Co., 315 Pa. 174, 172 A. 97 (1934), and modern authority, e. g., Restatement (Second) of Property, Landlord and…