HOLIDAY LOUNGE, INC. v. SHALER ENT. CORP.


441 Pa. 201 (1971)

Holiday Lounge, Inc., Appellant, v. Shaler Enterprises Corporation.

Supreme Court of Pennsylvania.

January 7, 1971.


Attorney(s) appearing for the Case

Sidney Baker, with him Krause & Baker, for appellant.

Richard A. Zappala, with him Zappala & Zappala, for appellee.

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


OPINION BY MR. JUSTICE ROBERTS, January 7, 1971:

The gravamen of appellant's argument is that a decree should be vacated when preliminary objections to a complaint in equity are sustained, and the complaint is dismissed within the ten-day period allowed for amendment as of course, without transferring the matter to the law side or allowing the complainant the opportunity to amend. We affirm the chancellor's decree dismissing...

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