McCREARY, P. J., March 20, 1959.
The following case stated in assumpsit is before the court for determination, the same being agreed upon by the parties without reserving the right to appeal from the judgment entered by the court:
"1. Plaintiff is the Township of Hopewell, a Municipal Corporation, in the County of Beaver, and Commonwealth of Pennsylvania.
"2. Defendant is Robert Schmidt, a resident and taxpayer of the Township of Hopewell, who operates...
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