Legal Opinion · Concurrence

Huss, A. v. Weaver, J.

Superior Court of Pennsylvania

Decided February 5, 2016No. 1703 WDA 2013Published

1Concurrence

CONCURRING OPINION BY

BOWES, J.:

I concur with the learned majority insofar as it concludes that the trial court erred in sustaining the preliminary objections in the nature of a demurrer filed by James P. Weaver (“Father”) and dismissing the amended complaint for breach of contract, wherein Amy Huss (“Mother”) sought to enforce monetary aspects of a child custody agreement. Stated plainly, I agree that the agreement is not contrary to public policy per se. I write separately, however, because I believe that, while Mother’s amended complaint is legally sufficient to survive preliminary…

2Cases cited2 opinions

  1. B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013
  2. Wick v. WickSuperior Court of Pennsylvania · 1979

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