Pillsbury v. McNabb

Wieand, J.,

This matter is before the court on preliminary objections in the nature of a *284demurrer to plaintiff’s complaint in assumpsit. Three reasons are given in support of defendants’ contention that the complaint fails to set forth a cause of action. They are: (1) A contract for the sale of real estate did not result merely because plaintiff was the highest bidder at public auction, and defendants, therefore, could withdraw the property from sale at any time and in any manner; (2) since the property for which bids were received was real estate, any contract resulting from plaintiff’s oral…