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KELLY CORP. v. DeFINIS

No. 82-3036-12-5.

24 Pa. D. & C. 3d 112 (1982)

Kelly Corp. v. DeFinis

Common Pleas Court of Bucks County, Pennsylvania.

November 12, 1982.

Attorney(s) appearing for the Case

Richard C. Osterhout, for plaintiff.

Robert Lewis Seigle, for defendant.

KELTON, J., November 12, 1982.

This is an action "in equity and assumpsit" for a real estate broker's commission alleged to be due from defendant property owners to plaintiff brokers. Defendants, instead of raising a preliminary objection as to the existence of a full, complete and adequate nonstatutory remedy at law as mandated by Pa.R.C.P. 1509(c), filed a responsive answer on the merits and then belatedly filed a "motion to transfer and certify the stated...

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