Lancellotti v. Thomas

341 Pa. Superior Ct. 1 (1985)

491 A.2d 117

John LANCELLOTTI, Appellant,

v.

Albert THOMAS and Lillian Thomas.

Supreme Court of Pennsylvania.

Argued March 21, 1984.

Filed March 22, 1985.

Irwin Paul, Philadelphia, for appellant.

James G. Buckler, Upper Darby, for appellees.

Before SPAETH, President Judge, and BECK and TAMILIA, JJ.

SPAETH, President Judge:

This appeal raises the question of whether a defaulting purchaser of a business who has also entered into a related lease for the property can recover any part of his payments made prior to default. The common law rule precluded a breaching buyer from…