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MUSSOLINE v. TAX CLAIM BUREAU. (03/19/63)

THE SUPREME COURT OF PENNSYLVANIA


March 19, 1963

MUSSOLINE, APPELLANT,
v.
TAX CLAIM BUREAU.

Appeal, No. 31, Jan. T., 1963, from judgment of Court of Common Pleas of Schuylkill County, Sept. T., 1961, No. 5, in case of Pasco Mussoline v. Tax Claim Bureau of County of Schuylkill, Emmett Kimmel, Director, County of Schuylkill, et al. Appeal dismissed.

COUNSEL

Conrad A. Falvello, with him John H. Thomas, for appellant.

Isadore E. Krasno, with him Ralph M. Bashore, for appellees.

Before Bell, C.j., Musmanno, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Bell

[ 410 Pa. Page 187]

OPINION BY MR. CHIEF JUSTICE BELL

Appellant entered into a mining lease with appellee for the period of one year commencing October 11, 1960. The lease contained a provision (a) giving appellant an option for renewal, and (b) giving appellee an option for termination of the lease at the end of

[ 410 Pa. Page 188]

    the year. Appellant was evicted before the expiration of the year for reasons which on this record appear insufficient. Appellant filed a complaint in equity (1) for the specific performance of the lease for the year in question, and (2) for damages. That year has long since passed, and consequently specific performance could not now be granted. The Court below correctly sustained preliminary objections on the ground that appellant had an adequate remedy at law.

Disposition

The appeal is dismissed, without prejudice to plaintiff's right to bring an appropriate action at law against the defendants. Eachparty to pay own costs.

19630319

© 1998 VersusLaw Inc.



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