B. AXE ENT. v. N.E. FIRE INS. CO.


446 Pa. 119 (1971)

B. Axe Enterprises v. Northeastern Fire Insurance Company, Appellant.

Supreme Court of Pennsylvania.

December 29, 1971.


Attorney(s) appearing for the Case

Richard A. Kraemer, with him Duane, Morris & Heckscher, for appellant.

Lawrence J. Richette, for appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE ROBERTS, December 29, 1971:

Appellee filed a bill in equity seeking (1) reformation of a fire insurance policy, and (2) a decree that upon the policy as reformed, appellant is liable to appellee in the face amount of the policy. On May 21, 1971, a final decree was entered, ordering appellant to pay appellee the face amount of the policy. This appeal followed.

Although appellant has not directly asserted before this Court that equity...

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