George Stash & Sons v. New Holland Credit Co.

OPINION BY

COLVILLE, J.:

¶ 1 This is an appeal from the order granting summary judgment on the grounds that Appellant, George Stash & Sons, having not registered its fictitious name with the Commonwealth of Pennsylvania, lacked the capacity to sue. We reverse and remand for further proceedings.

¶ 2 George and Mark Stash performed mowing services under the fictitious name George Stash & Sons. They did not register this name. In 1995, Appellant entered an installment sales contract to buy two pieces of equipment: (1) a Case tractor with an attached mower and (2) an Alamo mower. The names on the…