HARKINS v. ZAMICHIELI


266 Pa.Super. 401 (1979)

405 A.2d 495

Joseph I. HARKINS, Sr., and Rita M. Harkins, Appellants, v. John ZAMICHIELI and Margaret Zamichieli.

Superior Court of Pennsylvania.

Decided May 25, 1979.


Attorney(s) appearing for the Case

Malcolm J. Harkins, III, Washington, D.C., for appellants.

George C. Brady, III, Conshohocken, submitted a brief on behalf of appellees.

Before CERCONE, SPAETH and LIPEZ, JJ.


SPAETH, Judge:

This appeal is from an order sustaining preliminary objections and dismissing appellant's complaint in equity. In determining whether the lower court properly dismissed the complaint, we must take as true "every well pleaded material fact set forth in the pleading . . ., as well as the inferences reasonably deducible therefrom." Schott v. Westinghouse Electric Corp., 436 Pa. 279, 282, 259 A.2d 443, 445 (1969)....

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