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CELLUTRON PROD. CORP. v. STEWART

223 Pa.Super. 391 (1972)

Cellutron Products Corp. v. Stewart, Appellant.

Superior Court of Pennsylvania.

December 11, 1972.

Attorney(s) appearing for the Case

Michael J. Pepe, Jr., for appellants.

Harry Fischer, Maurice Freedman, Herbert H. Hadra, and Fisher & Fisher, submitted a brief, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION BY CERCONE, J., December 11, 1972:

The issue presented in this appeal is whether or not a defendant, after an appeal by him to the Common Pleas Court from an arbitrator's award in plaintiff's favor, can amend his counterclaim so as to change its basis.

The lower court did not permit the amendment, and we hold this to be error. Amendments are liberally allowed under Rule 1033 of the Pennsylvania Rules of Civil Procedure1

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