Brief Fact Summary. This case involves an agreement where one party breached and then demanded return of payment that he made prior to breaching.
Synopsis of Rule of Law. A breaching party is entitled to restitution in excess of the loss caused by the breach.
The party who committed a breach should be entitled to recover any benefit in excess of the loss that he has caused by his own breach.View Full Point of Law
Issue. Is a breaching party entitled to restitution for payments he made prior to his breach?
Held. Yes. Judgment reversed and remanded for further proceedings. Pennsylvania should follow the modern view of contract law, which allows a breaching party to recover “any benefit