Contracts - Defaulting Purchaser - Right to Restitution - Adoption of the Position Taken by the Second Restatement of Contracts in Pennsylvania

Authors

William G. Young

Abstract

The Superior Court of Pennsylvania, rejecting the common law rule, adopted Section 374 of the Second Restatement of Contracts, which would allow recovery by a defaulting purchaser of a business, who had also entered into a related lease for the property, of any part of his payments made prior to default.

Lancellotti v. Thomas, 341 Pa. Super. 1, 491 A.2d 117 (1985)

First Page

187

Recommended Citation

William G. Young, Contracts - Defaulting Purchaser - Right to Restitution - Adoption of the Position Taken by the Second Restatement of Contracts in Pennsylvania, 25 Duq. L. Rev. 187 (1986).
Available at: https://dsc.duq.edu/dlr/vol25/iss1/9