202 Marketplace v. Evans Products Co.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this diversity action pursuant to 28 U.S.C. § 1332, the defendant tenant, Evans Products, appeals from a district court order declaring Evans Products to be in default in certain lease covenants and declaring the consequential right of the plaintiff landlord, 202 Marketplace, to terminate the lease. In a cross appeal, 202 Marketplace challenges the district court’s entry of summary judgment against it on a count alleging an oral surrender by Evans Products of the leasehold interest.

We agree that the Pennsylvania Statute of Frauds prohibits an…