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Scarpitti v. Weborg

Supreme Court of Pennsylvania
530 Pa. 366, 609 A.2d 147 (1992)


Scarpitti (plaintiff) bought a parcel of residential land that was subject to a deed restriction requiring that (1) the size of the garage built on the land be no larger than two and one-half cars, and (2) any building plans be approved in writing by Weborg, the authorized architect (defendant). Scarpitti’s original building plans called for a three-car garage, which Weborg subsequently rejected. Recognizing the need to conform to the restrictions, Scarpitti went on to build a home in accordance with the deed. Weborg, however, later approved the plans of other lot owners that contained three-car garages. Scarpitti sued Weborg for damages resulting from Weborg’s arbitrary enforcement of the neighborhood restrictions. The trial court granted Weborg’s dismissal of the case and on appeal the superior court reversed. The superior court held that Scarpitti was a third party beneficiary of the implied contract between Weborg and the neighborhood’s developer. Weborg appealed.

Rule of Law


Holding and Reasoning (Larsen, J.)

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