SCHERMAN v. CALANTONI, 458 Pa. 657 (1974)

328 A.2d 167

Scherman, Appellant, v. Calantoni.

Supreme Court of Pennsylvania.November 14, 1973.
November 20, 1974.

Appeals, No. 229, Jan. T., 1973, and No. 45, Jan. T., 1974, from decree of Court of Common Pleas of Northampton County, Oct. T., 1970, No. 8, in case of Joseph Scherman v. Pat Calantoni, Sam Calantoni, John P. Gibbons, Nicholas Zwarski and NJR Realty Corporation and George Calantoni Sons, Inc. Decree affirmed.

Equity. Before PALMER, P. J.

Plaintiff’s motion to remove nonsuit entered in favor of defendants Sam Calantoni and George Calantoni Sons, Inc. denied. Plaintiff appealed at No. 229, January Term 1973.

Adjudication and decree nisi filed finding in favor of defendant Pat Calantoni and against plaintiff. Exceptions thereto by plaintiff and defendant dismissed and final decree entered. Plaintiff appealed at No. 45, January Term 1974.

Herbert Fishbone, with him Fishbone and Refowich, P. C., for appellant.

Patrick W. Kittredge, with him Harold Greenberg, Martin D. Cohen, and Cohen, Shapiro, Polisher Shiekman and Cohen, for appellees.

Page 658

Before JONES, C. J., EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, November 20, 1974:

Decree affirmed. Costs on appellant.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

In my view, the entry of nonsuit by the chancellor in favor of George Calantoni Sons, Inc., was error. I would vacate the decree of nonsuit with respect to the corporate defendant and remand for further proceedings.