Caruso v. Caruso (In re Est. Caruso), 2024 Pa. LEXIS 1334 (Pa. Super., September 11, 2024) (Todd, J.) CHIEF JUSTICE TODD In this appeal by allowance, we consider whether an individual – here, the spouse of a deceased business partner – who was not an original party to a partnership agreement, nor a third-party beneficiary […]
Tag: Contracts
CONTRACTS-INDEMNITY-GAS STATION
Sunoco R&M, LLC & Sunoco, LLC v. Penn. National Insurance, Superior Court of Pennsylvania decided August 7, 2024. In this case indemnification contract in a franchise agreement was discussed. Also, right to have a defense from Penn National was in question. Penn National’s entitled to Summary Judgement on the claim of indemnification. There is no […]
CONTRACTS-ANTICIPATORY REPUDIATION
Tedesco Excavating & Paving, Inc. v. FWH LLC, 2024. Pa. Super LEXIS 253 (S. Pa. Ct. June 24, 2024) Tedesco Excavating & Paving, Inc. V. FWH Development, LLC, Superior Court of Pennsylvania, decided June 24, 2024. OPINION BY KUNSELMAN, J.: In this construction-contract dispute, the Defendant, FWH Development, LLC, appeals from the $678,238.31 judgment that […]
CONTRACTS-SPECIFIC PERFORMANCE
Matthew 2535 Props., LLC v. Denithorne, 2024 Pa. Super. LEXIS 89, 2024 WL 1126110 (March 15, 2024) (Kunselman, J.). This case involves the sale of a restaurant which burned down after the parties signed a sales agreement but before they closed on the deal. A court of equity ordered specific performance – namely, that the […]
CONTRACTS-SETTLEMENT AGREEMENT
King v. Driscoll, 2023 Pa. Super. LEXIS 581 (December 7, 2023) (Stabile, J.). BEFORE: BENDER, P.J.E., STABILE, J., and PELLEGRINI, J.* OPINION BY STABILE, J. Christopher P. Driscoll (Driscoll) appeals from the order entered in the Court of Common Pleas of Allegheny County (trial court) granting the petition to enforce settlement filed by Driscoll’s former […]
CONTRACTS-PROMISSORY ESTOPPEL-SPOLIATION
Erie Ins. Exch. A/S/O Bates Collision, Inc. James Myers v. United Servs. Auto. Ass’n v. Bates Collision, Inc., 2023 Pa. Super. LEXIS 617, 2023 WL 8817712 (December 21, 2023). BEFORE: PANELLA, P.J., OLSON, J., DUBOW, J., KUNSELMAN, J., NICHOLS, J., MURRAY, J., McLAUGHLIN, J., KING, J., and McCAFFERY, J. OPINION BY DUBOW, J. President Judge […]
CONTRACTS-RIGHT TO PARENTAGE
Glover v. Junior, 2023 Pa. Super. LEXIS 598 (December 11, 2023). Judges: BEFORE: PANELLA, P.J., BOWES, J., OLSON, J., DUBOW, J., KUNSELMAN, J., MURRAY, J., McLAUGHLIN, J., KING, J., and McCAFFERY, J. OPINION BY BOWES, J. Judges Olson, Dubow, Kunselman, McLaughlin, and McCaffery joined this Opinion. P.J. Panella and Judge Murray concurred in the result. […]
CONTRACTS-SALE OF REAL ESTATE-FRAUD-REAL ESTATE SELLER DISCLOSURE LAW
Hosler v. Tweedlie, 2023 Pa. Super. LEXIS 511, 2023 WL 7173062 (November 1, 2023) BEFORE: PANELLA, P.J., OLSON, J., and KUNSELMAN, J. OPINION BY OLSON, J. On August 2, 2016, Buyers filed a complaint against Sellers alleging causes of action for breach of contract, fraud, and failure to disclose pursuant to the Real Estate Seller […]
CONTRACTS-UNIVERSITY AND COLLEGE TUITION
Hickey v. Univ. of Pittsburgh, 2023 U.S. App. LEXIS 20959, 2023 WL 5159578 (3d Cir. August 11, 2023) (Krause, C.J.) Like many colleges and universities across the country, the University of Pittsburgh and Temple University responded to the novel coronavirus pandemic by transitioning to remote learning in March 2020. Their former students—now Appellants in this […]
CONTRACT-COLLEGE
Lawson v. Pennsylvania College of Technology, No. CV-21-01134 (C.P. Lycoming March 13, 2023) (Linhardt, J.). On July 28, 2022, Plaintiffs filed an Amended Complaint containing twelve counts. Plaintiffs brought counts for breach of express contract, breach of implied contract, and unjust enrichment relating to four separate topics: tuition, ancillary fees, housing, and meal plans. The […]