KADEL v. McMONIGLE


425 Pa.Super. 253 (1993)

624 A.2d 1059

Peter H.N. KADEL, Appellant v. Mary Ellen A. McMONIGLE and Charles Moles Associates, Inc.

Superior Court of Pennsylvania.

Filed March 26, 1993.

Reargument Denied June 8, 1993.


Attorney(s) appearing for the Case

Joseph V. Restifo, Philadelphia, for appellant.

Jeffrey Matteo, Norristown, for McMonigle, appellee.

Mary C. Cunnane, Philadelphia, for Moles Associates, appellee.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.


WIEAND, Judge:

In this action in equity to recover the consideration paid for the sale of real estate in Philadelphia and to construct a trust of real estate in New Jersey, the trial court sustained preliminary objections in the nature of a demurrer and dismissed the complaint. Although we disagree with the trial court's reasoning, we nevertheless affirm its judgment.

In reviewing an order sustaining preliminary objections in the nature of a demurrer, we are...

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