FORREST, J., May 1, 1961.
The preliminary objections to the complaint in this case raise the question of whether a buyer in a written agreement for the construction and sale of a house and lot who elected, by the express provision of the contract, to terminate the same, has a cause of action on a clause in the contract which provides for a weekly payment by the seller "until final settlement is made."
In the case of a demurrer, every material and relevant...
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