GREGG v. GACON CONST. CO.


249 Pa.Super. 377 (1977)

378 A.2d 344

A.C. GREGG, Individually and t/a Gregg Motor Company, Appellant, v. GACON CONSTRUCTION COMPANY.

Superior Court of Pennsylvania.

Decided October 6, 1977.


Attorney(s) appearing for the Case

James F. Israel, Pittsburgh, with him C. Joseph Recht, Pittsburgh, for appellant.

Edward P. Zemprelli, Clairton, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE and SPAETH, JJ.


JACOBS, Judge:

This appeal arises from the order of the court below denying appellant leave to amend its complaint and from the court's judgment for appellee. The issue for our determination is whether the lower court abused its discretion when it refused appellant permission to amend its complaint in assumpsit, despite the fact that the statute of limitations had not run. For the reasons set forth below, we hold that the court abused its discretion in denying leave...

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