decided: November 20, 1974.
Appeals from decree of Court of Common Pleas of Northampton County, Oct. T., 1970, No. 8, in case of Joseph Scherman v. Pat Calantoni, Sam Calantoni, John P. Gibbons, Nicholas Zwarski and NJR Realty Corporation and George Calantoni & Sons, Inc.
Herbert Fishbone, with him Fishbone and Refowich, P. C., for appellant.
Patrick W. Kittredge, with him Harold Greenberg, Martin D. Cohen, and Cohen, Shapiro, Polisher Shiekman and Cohen, for appellees.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Justice Roberts.
Author: Per Curiam
[ 458 Pa. Page 658]
Decree affirmed. Costs on appellant.
Dissenting Opinion by Mr. Justice Roberts:
In my view, the entry of non-suit by the chancellor in favor of George Calantoni & Sons, Inc., was error. I would vacate the decree of non-suit with respect to the corporate defendant and remand for further proceedings.
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