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Scherman v. Calantoni

Supreme Court of Pennsylvania
Nov 20, 1974
328 A.2d 167 (Pa. 1974)

Opinion

November 14, 1973.

November 20, 1974.

Appeals, No. 229, Jan. T., 1973, and No. 45, Jan. T., 1974, from decree of Court of Common Pleas of Northampton County, Oct. T., 1970, No. 8, in case of Joseph Scherman v. Pat Calantoni, Sam Calantoni, John P. Gibbons, Nicholas Zwarski and NJR Realty Corporation and George Calantoni Sons, Inc. Decree affirmed.

Equity. Before PALMER, P. J.

Plaintiff's motion to remove nonsuit entered in favor of defendants Sam Calantoni and George Calantoni Sons, Inc. denied. Plaintiff appealed at No. 229, January Term 1973.

Adjudication and decree nisi filed finding in favor of defendant Pat Calantoni and against plaintiff. Exceptions thereto by plaintiff and defendant dismissed and final decree entered. Plaintiff appealed at No. 45, January Term 1974.

Herbert Fishbone, with him Fishbone and Refowich, P. C., for appellant.

Patrick W. Kittredge, with him Harold Greenberg, Martin D. Cohen, and Cohen, Shapiro, Polisher Shiekman and Cohen, for appellees.

Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


Decree affirmed. Costs on appellant.


In my view, the entry of nonsuit by the chancellor in favor of George Calantoni Sons, Inc., was error. I would vacate the decree of nonsuit with respect to the corporate defendant and remand for further proceedings.


Summaries of

Scherman v. Calantoni

Supreme Court of Pennsylvania
Nov 20, 1974
328 A.2d 167 (Pa. 1974)
Case details for

Scherman v. Calantoni

Case Details

Full title:Scherman, Appellant, v. Calantoni

Court:Supreme Court of Pennsylvania

Date published: Nov 20, 1974

Citations

328 A.2d 167 (Pa. 1974)
328 A.2d 167