OniNioN by

In construing the article of agreement under which this contention has arisen and holding that under its provisions appellant, as assignee of the contract, has no right to dispose of the refuse deposited in the mud dam, we think the learned judge of the common pleas was clearly right; and, for reasons given in his opinion, accompanying the record, the decree should be affirmed.

Decree affirmed and appeal dismissed, at the costs of appellant.