197 Pa. 335 | Pa. | 1900
Opinion by
The appellant here is the appellee in another appeal from the same decree. In that appeal, which we have this day disposed of, we considered the most important questions involved in the controversy. Only two questions require attention here, and, before considering them, we overrule the first, sixth and eighth assignments of error, because they are without merit, unless we disturb, in the absence of proper reasons, findings of fact by the referee, approved by the court below.
In finding that the right of property in the musical compositions mentioned in clause thirteen of the agreement was in the plaintiff, and in recommending a decree that the defendant surrender them to her and account for their use, the referee was manifestly correct. He read and interpreted the clause as it was written. Sousa had transferred this property to Blakely, and the decree gives his estate simply what belongs to it. The fifth and ninth assignments are not sustained, and the tenth is formally overruled. The decree, having done justice to both these complaining parties, is affirmed and this appeal dismissed at the costs of the appellant.