PAPIEVES et ux. v. KELLY


437 Pa. 373 (1970)

Papieves et ux., Appellants, v. Kelly.

Supreme Court of Pennsylvania.

March 20, 1970.


Attorney(s) appearing for the Case

Harry R. Mayer, for appellants.

George J. McConchie, with him Cramp & D'Iorio, for appellee.

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


OPINION BY MR. JUSTICE POMEROY, March 20, 1970:

This appeal is from an order of the Court of Common Pleas of Delaware County sustaining preliminary objections in the nature of a demurrer and dismissing plaintiff's complaint. The only facts before the Court are the averments of the complaint, and for present purposes the demurrer admits every well pleaded material fact set forth in the pleading to which it is addressed and the inferences reasonably deducible therefrom...

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