Emmel v. Munhall Borough

Opinion by

Gunther, J.,

The plaintiffs, owners of certain lots in the Borough of Munhall,-joined in a petition to appeal from the Board of Viewers to the Court of Common Pleas demanding a trial by jury on the grounds that the assessments of benefits were excessive.

*563The Borough in its answer denied that the property owners are entitled to appeal and trial by' jury basing its position on an agreement dated March 27, 1950, between A. M. Rearick, a prior owner, and the Borough of Munhall, which- reads as follows: “NOW THIS AGREEMENT WITNESSETH that the parties of the first part hereby waive any and…