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D.A. HILL COMPANY v. CLEVETRUST REALTY INVESTORS (05/05/87)

filed: May 5, 1987.

D.A. HILL COMPANY
v.
CLEVETRUST REALTY INVESTORS, APPELLANT. ERIE FLEXUME SIGN CORPORATION AND FELHEIM ROOFING COMPANY V. CLEVETRUST REALTY INVESTORS, APPELLANT



Appeals Nos. 1530 Pittsburgh, 1985 and 1531 Pittsburgh, 1985, from the Judgments entered November 25 and 26, 1985, Court of Common Pleas, Erie County, Civil Division at Nos. 171-E-1980 and 2-E-1981; Nygaard, Judge.

COUNSEL

James M. Baggett, Pittsburgh, for appellant.

Eugene J. Brew, Jr., Erie, for D.A. Hill, appellee.

John R. Wingerter, Erie, for Erie Flexume, appellee.

Cavanaugh, Wieand and Johnson, JJ. Wieand, J., files a dissenting opinion.

Author: Per Curiam

[ 364 Pa. Super. Page 170]

Affirmed.

Disposition

Affirmed.

WIEAND, Judge, dissenting:

A careful review of the evidence in this case persuades me that D.A. Hill Company (Hill) and Felheim Roofing Company (Felheim) failed to prove causes of action for unjust enrichment against CleveTrust Realty Investors, Inc. (CleveTrust). Therefore, I must respectfully dissent from the majority's affirmance of the judgments entered by the trial court.*fn1

CleveTrust agreed to provide construction financing for the Edinboro Mall in Erie County pursuant to a construction loan agreement with Edinboro Development Company (Edinboro), the owner of the land. Pursuant to the terms of that agreement, CleveTrust was to advance the sum of $2,200,000.00 for the construction of the mall, with the loan being secured by a first mortgage. Edinboro then engaged a general contractor, ...


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