TRIMBLE S. INC. v. FRANCHISE R. I. CORP.


445 Pa. 333 (1971)

Trimble Services, Inc., Appellant, v. Franchise Realty Interstate Corporation.

Supreme Court of Pennsylvania.

December 20, 1971.


Attorney(s) appearing for the Case

Robert S. Glass, for appellant.

Louis F. Silhol and Alan Holsinger, with them Holsinger & Clark, for appellees.

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


OPINION BY MR. JUSTICE ROBERTS, December 20, 1971:

We are presented with the question of whether appellant's bill in equity was the proper form of action. We affirm the Chancellor's determination that an action at law was the proper form of action for appellant, but we modify the decree of dismissal so as to provide for the transfer of the matter to the law side as required by Rule 1509(c) of the Pennsylvania Rules of Civil Procedure.

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