FOULKE v. MILLER


381 Pa. 587 (1955)

Foulke v. Miller, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.


Attorney(s) appearing for the Case

Wm. Chas. Hogg, Jr., for appellants.

Paul C. VanDyke, with him James A. Cochrane and Cochrane & VanDyke, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE BELL, March 14, 1955.

This case arose by a bill in equity for an injunction. The basic issue is: Did the agreements which prohibited defendants from dealing in cinders and cinder aggregates include slag?

The defendant, H. Hessey Miller, and his wife formerly owned a cinder business in the City of Chester, Pa., and traded under the name of "H. Hessey Miller". On or about January 1, 1943 Miller and his wife sold to plaintiffs a one-half...

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