BROOKS et al. v. CONSTON et al.


364 Pa. 256 (1950)

Brooks et al., Appellants, v. Conston et al., Appellants.

Supreme Court of Pennsylvania.

March 20, 1950.


Attorney(s) appearing for the Case

Laurence H. Eldredge, with him Norris, Bell, Lex, Hart & Eldredge, for plaintiffs.

John D.M. Hamilton, with him Thomas E. Comber, Jr., George Wharton Pepper, Hirsh W. Stalberg, Harry Shapiro, Shapiro, Conner, Rosenfeld & Stalberg and Pepper, Bodine, Stokes & Hamilton, for defendants.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. Justice HORACE STERN, March 20, 1950:

This is the third time this case has come before us. Previous appeals are reported in 356 Pa. 69, 51 A.2d 684 and 359 Pa. 141, 58 A.2d 463. Plaintiffs sued in equity to rescind their sale to defendant Harry Conston of a chain of retail millinery stores and to obtain an accounting. The facts are so fully set forth in the opinion by Mr. Justice ALLEN M. STEARNE on the first...

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