Legal Opinion

Bafile v. Borough of Muncy

Supreme Court of Pennsylvania

Decided March 13, 1991No. 55 M.D. Appeal Docket 1989PublishedCited by 29 opinions

1Opinion of the Court

OPINION

ZAPPALA, Justice.

We granted appellants’ Petition for Allowance of Appeal from the Order of the Superior Court, 387 Pa.Super. 645, 559 A.2d 959, affirming the Order of the Court of Common Pleas of Lycoming County which had granted the appellees’ motion for summary judgment, to review the continuing applicability of Harris v. Dawson, 479 Pa. 463, 388 A.2d 748 (1978). Because Harris no longer addresses economic reality and fails to take into consideration the principle of mitigation of damages, we can no longer adhere to its rationale.

The parties entered into an agreement for sale of real…

2Cases cited7 opinions

  1. Ecksel v. Orleans Construction Co.Supreme Court of Pennsylvania · 1987
  2. Freeman v. LawtonSupreme Court of Pennsylvania · 1946
  3. COM., DEPT. OF TRANSP., ETC. v. KobalySupreme Court of Pennsylvania · 1978
  4. Trachtenburg v. Sibarco Stations, Inc.Supreme Court of Pennsylvania · 1978
  5. Harris v. DawsonSupreme Court of Pennsylvania · 1978

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3Cited by29 opinions

  1. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
  2. Somerset Community Hospital v. Allan B. Mitchell & Associates, Inc.Superior Court of Pennsylvania · 1996
  3. TruServ Corp. v. Morgan's Tool & Supply Co.Supreme Court of Pennsylvania · 2012
  4. Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Superior Court of Pennsylvania · 1996
  5. Forest City Grant Liberty Associates v. Genro II, Inc.Superior Court of Pennsylvania · 1995

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