McCowin v. Montgomery

Acker, J.,

The matter for decision arises from a preliminary objection to defendant’s counterclaim. It is contended that Pennsylvania Rule of Civil Procedure 1031 requires the counterclaim to be stricken in that it does not spring from the same transaction or series of transactions as that from which plaintiffs’ complaint arises.

Pa. R. C. P. 1031 permits a defendant to “counterclaim” any cause of action or set-off which he has against the plaintiff “. . . (1) which arises from the same transaction or occurrence or series of transactions or occurrences ... , or (2) which arises from contract or…