MAINS v. FULTON ET AL., 434 Pa. 543 (1969)

252 A.2d 195

Mains v. Fulton et al., Appellants.

Supreme Court of Pennsylvania.March 18, 1969.
April 23, 1969.

Argued March 18, 1969. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

Appeal, No. 214, March T., 1968, from decree of Court of Common Pleas of Allegheny County, July T., 1967, No. 3168, in case of Charles W. Mains et al. v. James C. Fulton et al. Decree as modified affirmed.

Equity. Before McLEAN, JR., J.

Adjudication and decree nisi filed; exceptions by defendants dismissed and final decree entered. Defendants appealed.

James C. Evans, for appellants.

Andrew L. Weil, with him Egler, McGregor Reinstadtler, for appellees.

OPINION PER CURIAM, April 23, 1969:

While this Court affirms the decree of the court below, we feel that the imposition of damages is not dictated by the equities in the case.

Page 544

The decree is modified by striking the award of damages and as modified affirmed. Each party to pay own costs.