Schrader v. Heath
Decision Date | 02 July 1962 |
Citation | 182 A.2d 696,408 Pa. 79 |
Parties | Floyd B. SCHRADER, Jr., Trading as Floyd B. Schrader and Son, and The Borough of Towanda v. Robert M. HEATH and Robert Kinsley. Appeal of Floyd B. SCHRADER, JR. |
Court | Pennsylvania Supreme Court |
Andrew S. Moscrip, Towanda, George A. Spohrer Hourigan, Kluger & Spohrer, Wilkes-Barre, for appellant.
Culver & Griffin, Romeyn F. Culver, John J. Griffin, Towanda, for appellees.
Before BELL C. J., and MUSMANNO, JONES, COHEN, EAGEN, and O'BRIEN JJ.
The Chancellor dismissed Plaintiffs' Complaint in Equity sustaining defendants preliminary objections on the ground that the plaintiffs have an adequate remedy at law. This appeal by Floyd B. Schrader, Jr., trading as Floyd B. Schrader and Son, one of the plaintiffs, is from the order of the court dismissing the complaint. The Borough of Towanda did not appeal.
The sole question in this appeal is whether plaintiff has an adequate remedy at law. The complaint avers the existence of a written contract between appellant and the Borough of Towanda for removal and disposal of garbarge for a three year period commencing August, 1960. There is the averment of a written contract, dated May, 1957, between appellees and the Borough for collection and disposal of garbage by appellees for a three year period. In this agreement is set forth:
The complaint further avers, inter alia, the following: the service performed by Heath was not in accordance with the contract and enumerated the violations; the Borough advertised for bids for a new contractor and both appellant and Heath submitted bids and appellant being low bidder was awarded the contract; the appellees claim an automatic renewal of their contract and have continued to transport and dispose of garbage as heretofore; the appellant is proceeding with work on the disposal site and has purchased equipment designed to handle garbage in accordance with his contract with the Borough; and appellees have continued with garbage disposal work in competition with appellant.
Attached to the complaint is a copy of the ordinance regulating garbage disposal containing the following pertinent provisions:
...
To continue reading
Request your trial