On April 14, 2014, the Pennsylvania Superior Court affirmed that venue was proper in Snyder County in a breach of contract case. In Scarlett v. Mason, the Court found that in a breach of contract case, in the absence of an agreement, venue is proper in the county where payment was to be made. The Court reaffirmed the standard which had been previously set forth by the Superior Court in the Lucas Enterprises, Inc. v. Paul C. Harman Co., Inc. case.
The Pa Superior Court issues very few published opinions. As I previously posted most decisions are unpublished. What is interesting about the decision is that it is affirming the law that has been the law since 1980. So why publish this decision when there are so many others that should be published and are not. Perhaps, we will see a change.
So remember when you file suit, more times than not, you will be able to file suit in the county where your client's office is located. The reasoning is that if payment is owed in that county and payment is not made then that is the county where the breach takes place.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
