Flam v. Smith

KUNSELMAN, J.,

Defendant’s preliminary objections and plaintiffs’ complaint raise somewhat unusual and interesting legal questions. Plaintiffs, Morris S. Flam and Hannah R. Flam (hereinafter Flam) and Louis Rosenberg Auto Parts, Inc. (hereinafter Rosenberg), filed their complaint in trespass against defendant on January 22, 1981. The suit stems, from a transaction which involved the sale of land and the construction of a building thereon.

Rosenberg is in the business of sélling used vehicle parts to the public. It conducted its business on property in Beaver Falls which was condemned by the Big…