Legal Opinion

Harton v. Hildebrand

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 194PublishedCited by 5 opinions

Appeal, No. 194, Oct. T., 1910, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 43, dismissing bill in equity in case of William E. Hartón v. William E. Hildebrand and Frank P. Howley. Bill in equity to restrain the sale of houses. Before Shafer, J. The opinion of the Supreme Court states the case. Error assigned was decree dismissing bill.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

We do not agree with the learned court below in dismissing this bill which was filed to restrain the defendant Howley from selling and disposing of the houses until he-had paid the debts due from Hildebrand, the other defendant, to the plaintiff Hartón.

No exceptions were filed by either party to the findings of fact made by the learned trial court, and, therefore, the case must be disposed of upon those facts. They may be summarized as follows: On June 1, 1901, Hildebrand entered into a contract with Hartón for the erection of eight dwelling houses on certain…

2Cases cited2 opinions

  1. Rugg & Bryan v. MooreSupreme Court of Pennsylvania · 1885
  2. Easton v. JonesSupreme Court of Pennsylvania · 1899

3Cited by5 opinions

  1. Coplay Cement Co. v. Willis & Paul GroupCourt of Appeals for the Seventh Circuit · 1993
  2. Coplay Cement Company, Inc. v. Willis & Paul GroupCourt of Appeals for the Seventh Circuit · 1993
  3. United States Fidelity & Guaranty Co. v. Robert Grace Contracting Co.Court of Appeals for the Third Circuit · 1920
  4. Turner Concrete Steel Co. v. Chester Construction & Contracting Co.Supreme Court of Pennsylvania · 1921
  5. Totten v. LampenfeldSuperior Court of Pennsylvania · 1983

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