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DOUGHERTY v. PENNYPACK WOODS HOME OWNERSHIP ASSOCIATION (07/17/56)

July 17, 1956

DOUGHERTY
v.
PENNYPACK WOODS HOME OWNERSHIP ASSOCIATION, APPELLANT.



Appeal, No. 47, Oct. T., 1956, from decree of Court of Common Pleas No. 3 of Philadelphia County, March T., 1954, No. 7875, in case of James J. Dougherty v. Pennypack Woods Home Ownership Association. Decree affirmed.

COUNSEL

John E. Power, Jr., for appellant.

John Edward Sheridan, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Rhodes

[ 181 Pa. Super. Page 122]

OPINION BY RHODES, P.J.

Defendant has appealed from a decree in equity enjoining defendant from interfering with the peaceable occupancy by plaintiff of premises 8641 Perch Lane, Philadelphia, which had been purchased by plaintiff from defendant.

The chancellor, following an extended hearing, made detailed findings of fact and sustained plaintiff's complaint. These findings were affirmed by the court in banc. Defendant's exceptions were dismissed, and the final decree was entered. Defendant has appealed.

[ 181 Pa. Super. Page 123]

It is not questioned that the findings, if valid and conclusive, support the decree; and that the chancellor's findings, affirmed by the court in banc, will not be reversed on appeal if they are supported by adequate evidence. Wortex Mills, Inc. v. Textile Workers Union, 380 Pa. 3, 17, 109 A.2d 815; Abrams v. Crown, 178 Pa. Superior Ct. 407, 409, 116 A.2d 331.

The evidence presented at the hearing established the following facts, which were found by the chancellor: The plaintiff, James J. Dougherty, in September, 1952, applied for membership in the defendant corporation, Pennypack Woods Home Ownership Association, and for the purchase of the perpetual use of certain premises owned by defendant. Plaintiff was interviewed in November, 1952, by defendant, and his application was approved the following month. Accordingly, he purchased the perpetual use of the premises in question, and the parties entered into a contract entitled a "Mutual Home Security Policy" in which defendant granted plaintiff the "right to the perpetual use and enjoyment" of the premises at 8641 Perch Lane, in Pennypack Woods Housing Project, Philadelphia. Plaintiff paid the required initiation fee for membership in defendant corporation, and continued thereafter to make the monthly payments provided in the contract. The premises sold to plaintiff consisted of a two-bedroom unit which, under the regulations of defendant, was assigned only for occupancy by three adult persons. Plaintiff went into possession of the premises in January, 1953, made certain improvements thereto and has continued to occupy the same.

Defendant contends to the effect that the chancellor should have found fraud on the part of plaintiff as his testimony was contradicted by his admissions and was unbelievable, and that therefore defendant was ...


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