Legal Opinion

Fuller v. D&H Corp.

Pennsylvania Court of Common Pleas, Lackawanna County

Decided October 13, 2006No. 99 CV 49Published

1Opinion of the Court

MINORA, J,

INTRODUCTION

Currently before this court is a motion for summary judgment submitted by D&H, defendants in this action. Concurrently, in order to decide the instant motion, this court must interpret the consequences of an agreement reached decades ago.

In brief, the predecessors of both parties to this action had entered into an agreement for the conveyance of real property. Plaintiffs’ predecessors conveyed the real property; defendants’ predecessors purchased the real property and as a necessary condition were required to con*302struct and maintain a bridge to serve as a servient…

2Cases cited4 opinions

  1. Penn Center House, Inc. v. HoffmanSupreme Court of Pennsylvania · 1989
  2. McCarthy v. Dan Lepore & Sons Co., Inc.Superior Court of Pennsylvania · 1998
  3. Weik v. Estate of BrownSuperior Court of Pennsylvania · 2002
  4. Hibbs v. Chester-Upland School DistrictCommonwealth Court of Pennsylvania · 1992

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