Rittenhouse v. Newhard

Citations

• 232 Pa. 433
• 81 A. 445
• 1911 Pa. LEXIS 738

Syllabus

<p>Equity — Injunction—Failure to establish matter alleged.</p> <p>1. A bill in equity for an injunction to restrain the defendant from shutting off the flow of water in a pipe is properly dismissed where there is a failure to establish the agreement between the plaintiff and defendant for the maintenance of the supply on which the right to equitable relief was based.</p> <p>Equity — Equitable relief — Matter not alleged.</p> <p>2. Where the right to the equitable relief prayed for in a bill in equity is based upon an agreement between the parties, which agreement was' not proven, a contention that the bill should be sustained on the grounds of ratification and estoppel is without merit where such grounds are not averred in the bill. Relief cannot be granted for matter not alleged.</p>