Milne v. Burlington Homes, Inc.

The issues in this case are whether the trial court’s ruling on a theory of law and use of a remedy not actually pleaded by the plaintiff constitutes reversible error and whether the facts support a finding of a constructive trust. These questions arise out of an action to recover damages based upon plaintiff’s failure to receive from defendant a modular home which plaintiff had purchased. There was a trial before the court which rendered a decree in favor of plaintiff. Defendant’s exceptions were transferred by Johnson, J.

The defendant, Burlington Homes, Inc., of St. Clair, Pennsylvania, is…