Pickering v. O'Brien
Superior Court of Pennsylvania
Appeal, No. 46, April T., 1903, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1901, No, 624, on bill in equity in case of M. H. Pickering v, G. G. O’Brien. Bill in equity for an injunction.
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Appeal, No. 46, April T., 1903, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1901, No, 624, on bill in equity in case of M. H. Pickering v, G. G. O’Brien. Bill in equity for an injunction. The court below found the facts to be as follows: FINDINGS OF FACT. 1. The bill in this case was a bill for an injunction, brought by M. H. Pickering, against G. G. O’Brien, to enjoin and restrain O'Brien, his agents and employees, from entering in or upon certain premises, being vacant lots, situated in the fourteenth ward of the city of Pittsburg, on the southerly side of Fifth avenue…
1Opinion of the Court
Opinion by
Smith, J.,
The written' agreement between Russe and O’Brien, having been destroyed or mislaid, secondary evidence of its contents was introduced. From this evidence it appears that Russe, in consideration of 120.00 a year, gave O’Brien, the right to erect and maintain billboards on the land mentioned in the agreement, for one year, with the right of continuance thereafter from year to year. Pursuant to this agreement, O’Brien erected the boards, and maintained them for about eight years under *129Russe and his successor in title. March 27, 1901, he received from the latter notice to…
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