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Lancellotti v. Thomas

Superior Court of Pennsylvania
491 A.2d 117 (1985)



Lancellotti (plaintiff) agreed to buy a luncheonette business from the Thomases (defendants) and rent the premises on which the luncheonette was located. Lancellotti agreed to pay $25,000 for the business and build an addition to the existing building. Lancellotti paid the $25,000 and began operating the business. Problems arose regarding construction of the addition, which the Thomases finally constructed themselves. After about a year, Lancellotti discontinued operating the business. Lancellotti had paid no rent for the premises. The Thomases began running the business themselves. Lancellotti filed a complaint in assumpsit seeking the return of his $25,000. Lancellotti conceded that he owed the Thomases rent for the premises. The trial court held in favor of the Thomases, denying Lancellotti recovery of the $25,000 and awarding the Thomases the rent money owed. Lancellotti appealed to the Superior Court of Pennsylvania.

Rule of Law


Holding and Reasoning (Spaeth, J.)

Dissent (Tamilia, J.)

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