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TANENBAUM v. SEARS, ROEBUCK AND CO.

265 Pa.Super. 78 (1979)

401 A.2d 809

Sam TANENBAUM and Max Algase, Appellants, v. SEARS, ROEBUCK AND COMPANY and the Cafaro Company, William M. Cafaro and ASC Realty of Pennsylvania, Inc.

Superior Court of Pennsylvania.

Decided April 12, 1979.

Attorney(s) appearing for the Case

Bruce W. Bernard, Erie, for appellants.

James F. Toohey, Erie, and with him Donald DeSalvo, Youngstown, Ohio, and Howard N. Plate, Erie, for appellees.

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

PRICE, Judge:

This case is before us following the lower court's dismissal of appellants' complaint in assumpsit and entry of judgment on the pleadings in favor of appellees. For the reasons stated herein, we reverse and remand for further proceedings.

A demurrer admits every well pleaded material fact set forth in the pleadings, as well as all inferences, other than conclusions of law, reasonably deducible therefrom. Gekas v. Shapp,

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