Sun Oil Co. v. Merlino

Copeland, J.,

Defendants in this action have filed a motion to dismiss plaintiff’s bill for lack of jurisdiction by a court of equity and because plaintiff’s remedy is in ejectment and not in equity.

Plaintiff asked the court to give plaintiff possession of certain leased property as lessee from defendants and to enjoin defendants from interfering with plaintiff in the normal operation of plaintiff’s business in the operation of a gasoline service station on the premises.

The present question before the court is whether or not plaintiff’s bill sets forth a cause of action which would give a…