Opinion
October 10, 1955.
November 30, 1955.
Equity — Jurisdiction — Breach of contract — Adequate remedy at law — Contracts — Conditions precedent — Building contract — State Planning Board.
Where it appeared that the plaintiff entered into a contract for the construction of a housing project with defendant corporation A, which provided that the work should "be commenced upon receipt by the contractor of a proceed order" (which was never given), but "this contract shall not become effective until approved" by the State Planning Board in writing (which was not given) and that "the Contractor shall furnish at its own expense all building and other permits, licenses . . . necessary for the construction of the project as required" (which permits were not obtained); and the plaintiff filed a complaint in equity for the recovery of money damages for breach of contract against not only corporation A but also against two individuals who owned all of the stock of that corporation and also against corporation B upon the allegation that one of these individuals owned and controlled it, and against corporation C upon the allegation that all of its stock was owned by corporation A; and the complaint further alleged that corporation A had received from the State Planning Board a first payment on account of its agreement with A for the construction of said project; and the plaintiff sought to have corporation A declared a trustee of all assets in its possession or control including said payment, it was Held, in the circumstances, that (1) the gist of plaintiff's complaint was breach of contract seeking money damages, (2) the case was not within the jurisdiction of equity, (3) there was no proper basis for joining as defendants any person other than corporation A, and (4) the complaint did not state a cause of action in equity or at law.
Argued October 10, 1955. Before STERN, C. J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.
Appeal, No. 182, March T., 1955, from decree of Court of Common Pleas of Allegheny County, Jan. T., 1955, No. 3136, in Equity, in case of H. Justin Brown v. John F. Gloeckner, A. J. Aberman, Shaler Corporation, Glenshaw Gardens, Inc., and Crescent Realty and Investment Company. Decree affirmed.
Same case in court below: 4 Pa. D. C.2d 55.
Equity.
Defendants' preliminary objections sustained and order entered dismissing complaint, opinion by McNAUGHER, P. J. Plaintiff appealed.
Reuben Fingold, with him A. S. Fingold, for appellant. David R. Levin, for appellees.
William L. Jacob, for appellees.
Harry Menzer, with him Sachs, Pervin Kaufman, for appellee.
The decree entered in the Court of Common Pleas of Allegheny County at No. 3136 January Term, 1955, in Equity, is hereby affirmed on the opinion of President Judge McNAUGHER. Costs on the appellant.