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DRAKE v. OSWEGO FALLS CORP.

No. 7746.

16 Pa. D. & C. 2d 147 (1958)

Drake v. Oswego Falls Corp.

Common Pleas Court of Philadelphia County, Pennsylvania.

April 24, 1958.

Attorney(s) appearing for the Case

Lionel B. Gumnit, for plaintiff.

John Paul Erwin and Thomas E. Comber, Jr., for defendant.

HAGAN, P. J., April 24, 1958.

Plaintiff commenced this action by filing a complaint in assumpsit against Oswego Falls Corporation, claiming as a third party beneficiary under a contract between Oswego and Paul B. Shearer Company. Oswego then joined Shearer as an additional defendant under a contract of indemnity.

Thereafter, plaintiff filed a petition for leave to amend the form of action from assumpsit to trespass,

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