Lancellotti v. Thomas

Lancellotti (plaintiff) agreed to buy a luncheonette business from the Thomases (defendants) for $25,000 and to rent the premises, also agreeing to build an addition to the building; he paid the $25,000 and began operating, but after construction problems forced the Thomases to build the addition themselves, Lancellotti stopped operating the business after about a year, having never paid any rent. The Thomases resumed running the business themselves, and Lancellotti sued in assumpsit to recover his $25,000, conceding he owed back rent; the trial court, applying the traditional common-law rule barring a breaching party from recovery, denied Lancellotti's claim entirely and awarded the Thomases the unpaid rent, and Lancellotti appealed.