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AGSCO EQUIPMENT CORPORATION v. BOROUGH GREEN TREE. BOROUGH GREEN TREE (09/04/81)

filed: September 4, 1981.

AGSCO EQUIPMENT CORPORATION, APPELLANT,
v.
BOROUGH OF GREEN TREE. BOROUGH OF GREEN TREE, V. AGSCO EQUIPMENT CORPORATION AND ANTHONY M. LOMBARDI, APPELLANTS



No. 509 Pittsburgh, 1980, No. 510 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Allegheny County, Civil Division, at No. 2897 January Term, 1974.

COUNSEL

James R. Fitzgerald, Pittsburgh, for appellants.

Donald J. Lee, Pittsburgh, for appellee.

Cercone, President Judge, and Brosky and Hoffman, JJ.

Author: Per Curiam

[ 297 Pa. Super. Page 35]

Appellant, Agsco Equipment Corporation, and appellee, Green Tree Borough, entered into a "Lease and Fill" Agreement which provided that Agsco would operate a landfill on property owned by the Borough. The contract stated that Agsco would operate the landfill for a period of three years and would pay the Borough rent in the amount of 35% of the gross income received by Agsco from the operation.

The Borough filed a complaint and petition seeking, inter alia, an accounting of all income from the landfill. In separate actions which have been consolidated in an equity proceeding,*fn1 both parties sought damages for alleged breaches of the contract and the Borough sought compensation for damages to the site. The chancellor found that Agsco and its President, Anthony M. Lombardi, had breached the contract. Specifically, the court found that both the corporation and the individual appellant, Lombardi, had concealed and withheld public funds and that the corporation had not

[ 297 Pa. Super. Page 36]

    complied with the agreed upon procedures for the operation of the landfill.

The claims of Agsco and Lombardi were denied. The case is before us on appeal from an order denying appellant's exceptions to the chancellor's adjudication and decree. We affirm.

Appellants raise several issues of a factual nature with which we will deal briefly. Additionally, appellant Lombardi contests the admissibility of evidence of his conviction of mail fraud and the award of damages against him as an individual.

Our standard of review was explained in Frowen v. Blank, 266 Pa. Super. 145, 403 A.2d 585 (1979) where we wrote:

The standard of review by an appellate court in an equity case has been discussed many times. It has been held that the findings of the chancellor will not be reversed unless it appears that he has clearly abused his discretion or committed an error of law. Yuhas v. Schmidt, 434 Pa. 447, 258 A.2d 616 (1969). The chancellor's findings have the full force of a jury verdict, and if supported by sufficient evidence, and if affirmed by the court en banc, will not be disturbed on appeal. Herwood v. Herwood, 461 Pa. 322, 336 A.2d 306 (1975); Girard Trust ...


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