Food Fair Stores, Inc. v. Kline

Opinion by

Me. Justice Bok,

This action began with a complaint in equity and ended when preliminary objections were sustained. In such event the case must be clear and free from doubt: Gardner v. Allegheny County, 382 Pa. 88, 114 A. 2d 491 (1955). And we think it is.

Defendant Kline owned sixteen acres of land of rectangular shape, about four times as long as broad, and running in its longer dimension from west to east. Its one contiguous access street, Twenty-fifth Street in Harrisburg, runs along its western edge.

Defendant Kline conveyed to the Kline Foundation the western half of his sixteen…