KELLEY, J., May 20, 1960.
Defendant interposes two preliminary objections to plaintiff's complaint in assumpsit. The first objection is a demurrer on the ground that the action is barred by the statute of frauds: Act of April 26, 1855, P. L. 308, sec. 1, 33 PS §3. The second objection is in the form of a petition raising the defense of lack of capacity to sue: Pa. R. C. P. 1017(b) (5). We see no merit to either of these objections.
With regard...
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