Trimble Services, Inc. v. Franchise Realty Interstate Corp.

Opinion by

Ms. Justice Roberts,

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.

This controversy comes to us from the sustaining of appellees’ preliminary objections and the dismissal of the complaint. It is settled that in an appeal from the upholding of…