Jenkins Towel Service, Inc. v. Fidelity-Philadelphia Trust Co.

Opinion by

Mr. Justice Bell,

Plaintiffs filed a complaint in equity seeking (1) specific performance of an alleged agreement to sell real estate and (2) an injunction restraining the defendants from seeking a change in the zoning to permit the erection of a . gasoline station. The lower Court sustained preliminary objections and entered an Order dismissing the amended complaint.

Fidelity-Philadelphia Trust Company owned, as trustee,* the properties in question. Plaintiff averred in its amended complaint:

“12. Since 1956 the financial condition of the trust of which said real estate was a part,…