Setlock v. Sutila

Opinion by

Mr. Justice Roberts,

We are here asked to determine whether equity was the proper form of action for appellants’ bill of complaint. We believe an adequate remedy at law exists but hold that the Court of Common Pleas of Indiana County was in error in sustaining preliminary objections without certifying the matter to the law side of the court.

On June 4, 1970, appellants Mike and Flora Setloek filed a bill in equity alleging the following. On April 1,1964, they purchased a motel and a surrounding tract of land from Joseph J. Sutila for a total of $175,000. The money was to be raised by…