Appeals, Nos. 43 and 45, March T., 1953, from decree of Court of Common Pleas of Allegheny County, Jan. T., 1952, No. 1721, in case of Midtown Motors, Inc., et al., v. Public Parking Authority of Pittsburgh and Parking Service Corporation. Decree affirmed.
Arthur L. McLaughlin, Jr., for lessee-defendant, appellant.
Charles F. C. Arensberg, with him Ella Graubart and Patterson, Crawford Arensberg & Dunn, for Authority, appellant.
Louis Caplan, with him Leonard Boreman, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Arnold, JJ.
OPINION BY MR. JUSTICE ALLEN M. STEARNE
The appeals are from a decree in equity restraining the Public Parking Authority of Pittsburgh (hereinafter termed the Authority) and its lessee the Parking Service Corporation (hereinafter termed the Corporation) from performing the provisions of paragraph 15 of the lease, reading: "The Corporation also agrees that as lessee it will maintain at all times for the benefit of its customers adequate facilities for the supply of gas and oil, and the performance of such other services as are usual and customary in like garages, including the repair and washing of cars."
The Authority was established under the Parking Authority Law of June 5, 1947 P.L. 458, as amended,
PS Sup. sec. 10271 et seq. This Court decided that the act was constitutional: McSorley v. Fitzgerald, 359 Pa. 264, 59 A.2d 142.
Section 5 (a) of the act states, inter alia: "... Provided, however, That the Authority shall not have the power to engage in the sale of gasoline, the sale of automobile accessories, automobile repair and service, or any other garage service and shall not engage in the sale of any commodity of trade or commerce."
Subsection (b) of Section 5 provides: "Every Authority is hereby granted and shall have and may exercise all powers necessary... (4) To acquire, purchase, hold, lease as lessee, and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purpose of the Authority and to sell, lease ...