BROIDO v. KINNEMAN


375 Pa. 568 (1954)

Broido v. Kinneman, Appellant.

Supreme Court of Pennsylvania.

January 4, 1954.


Attorney(s) appearing for the Case

Charles F.C. Arensberg, with him Charles C. Arensberg and Patterson, Crawford, Arensberg & Dunn, for appellants.

John A. Metz, Jr., with him Joseph S. Rosenbaum, Broido & Rosenbaum and Metz & Metz, for appellees.

Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE JONES, January 4, 1954:

This appeal is from an order sustaining preliminary objections filed by the plaintiffs to the defendants' counterclaim in an action of assumpsit. Although the appellees made no point of it, a question as to the appealability of such an order was raised at bar, a final judgment on the merits of the plaintiffs' claim and the defense thereto not yet having been entered.

The order is appealable nonetheless. Its intendment...

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