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EMMAUS MUN. AUTH. v. ELTZ

416 Pa. 123 (1964)

Emmaus Municipal Authority v. Eltz, Appellant.

Supreme Court of Pennsylvania.

December 3, 1964.

Attorney(s) appearing for the Case

Harry A. Dower, with him Eugene J. Gorman, Edward N. Cahn, and Dower, Kanehann, Huston, McDonald & Cahn, and Morgan, Lewis & Bockius, for appellants.

Theodore R. Gardner, with him Edward H. McGee, for municipal authority, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, December 3, 1964:

The plaintiff-appellee filed a complaint in assumpsit in which it alleged that the defendant had breached the terms of two contracts. The defendants then filed, on the plaintiff, a rule to show cause why the complaint should not be dismissed.1 The petition for the rule alleged that the contracts signed by the parties provided for arbitration; hence the action in assumpsit was premature...

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