UNION R. E. CO. v. ROBERT MORRIS SCH., INC., 418 Pa. 614 (1965)

208 A.2d 769

Union Real Estate Company of Pittsburgh, Appellant, v. The Robert Morris School, Inc.

Supreme Court of Pennsylvania.March 16, 1965.
April 20, 1965.

Argued March 16, 1965. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Appeal, No. 121, March T., 1964, from decree of Court of Common Pleas of Allegheny County, Oct. T., 1961, No. 2933, in case of Union Real Estate Company of Pittsburgh v. The Robert Morris School, Inc. Decree affirmed; reargument refused May 21, 1965.

Equity. Before ALDISERT, J.

Decree nisi filed dismissing complaint, plaintiff’s exceptions dismissed and final decree entered. Plaintiff appealed.

David R. Levin, for appellant.

James C. Larrimer, with him Dougherty, Larrimer Lee, for appellee.

OPINION PER CURIAM, April 20, 1965:

Decree affirmed. Costs to be borne by appellant.

Mr. Justice COHEN dissents.