Opinion
March 19, 1964.
July 1, 1964.
Contracts — Construction — Property — Covenants running with land — Perpetual obligation to repair adjacent pier.
In this declaratory judgment case in which it appeared that by written agreements made in 1837 and 1846 between the owners of certain "water lots" and borough officials the owners were granted rights to use an adjacent public pier and bound themselves, their heirs and assigns, to keep the pier in repair at their own cost and that this obligation should be and remain a specific and perpetual lien for all time upon each and every lot, it was Held that (1) the 1837 and 1846 contracts are valid and existing contracts and (2) the present lot owners are bound by the perpetual obligation to repair the pier.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeals, Nos. 11 and 12, March T., 1964, from judgment of Court of Common Pleas of Erie County, Sept. T., 1962, No. 362, in case of City of Erie v. R. D. McAllister Son, and Irene Markopolos. Judgment affirmed; reargument refused July 17, 1964.
Same case in court below: 35 Pa. D. C.2d 591.
Declaratory judgment proceeding.
Opinion filed finding for plaintiff, defendants' exceptions dismissed and judgment entered, opinion by LAUB, J. Defendants appealed.
John M. Wolford, with him Edward H. Carney, and Dunn Wolford, for appellants.
Gerald J. Weber, with him Knox, Weber, Pearson McLaughlin, for appellee.
Judgment affirmed on the able opinion of Judge LAUB, 35 Pa. D. C.2d 591.