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McKEEVER ET UX. v. MERCALDO ET AL., ETC.

No. 297.

3 Pa. D. & C. 2d 188 (1954)

McKeever et ux. v. Mercaldo et al., etc.

Common Pleas Court of Montgomery County, Pennsylvania.

November 30, 1954.

Attorney(s) appearing for the Case

Harry M. Sablosky, for plaintiffs.

Foulke, Knight & Porter, for defendants.

CORSON, J., November 30, 1954.

Defendants have raised preliminary objections in the nature of a demurrer to plaintiffs' complaint in assumpsit. The function of such an objection is to test the legal sufficiency of the pleading under attack, and for the purpose of determining whether a cause of action has been set forth, the court must assume as true all the well pleaded facts and inferences reasonably deducible therefrom...

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