Aiken Industries, Inc. v. Estate of Wilson

OPINION

The Court being equally divided with respect to the question of appellant’s liability, the decree below is affirmed.

Each party to bear own costs.

JONES, former C. J., did not participate in the consideration or decision of this case.

Mr. Justice Pomeroy filed an opinion, joined by Mr. Chief Justice Eagen and Mr. Justice O’Brien, which would affirm the decree below insofar as it finds a breach of the covenant not to compete but would vacate the award insofar as it fixes the amount of damages and would remand for the recalculation of damages. Mr. Justice Roberts, Mr. Justice Nix and Mr.…