Opinion
May 28, 1959.
June 30, 1959.
Appeals — Review — Chancellor's fact findings.
1. A chancellor's findings of fact supported by substantial evidence and confirmed by the court en banc will not be disturbed on appeal. [490-1]
2. A decree which is based upon legal conclusions correctly drawn from competently established facts will be affirmed on appeal. [491]
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 39, March T., 1959, from decree of Court of Common Pleas of Erie County, May T., 1957, No. 9, in equity, in case of Worster Motor Lines, Inc. v. Benjamin G. Ross et al. Decree affirmed; reargument refused July 24, 1959.
Equity. Before EVANS, P. J.
Adjudication filed directing conveyance of rights, assets and equipment and payment of purchase price; defendant's, Ross', exceptions to adjudication dismissed and decree entered. Defendant, Ross, appealed.
James P. Bryan, with him Clarence T. Bryan, Paul B. Joslin, and Bryan, Joslin and Bryan, for appellant.
William W. Knox, with him Knox, Webber, Pearson McLaughlin, for appellee.
Stephen E. Jones, with him Jones, Benson Dwyer, for appellee.
The findings of the chancellor are supported by substantial evidence. Having been confirmed by the court en banc, on exceptions thereto, they have the binding effect of a jury's verdict and will not be disturbed on appeal: Maxwell v. Schaefer, 381 Pa. 13, 19, 112 A.2d 69. From the findings, so established, the chancellor correctly drew the legal conclusions which, in turn, have resulted in the final decree entered by the court en banc.
The decree is affirmed at, the appellant's costs.