Willard Sales & Service, Inc. v. Stevens

Opinion by

Aenold, J.,

This action in assumpsit was to recover a balance of $2,750 for labor and materials furnished by the plaintiff, a subcontractor to the defendant contractor. The pleadings consisted of .complaint^ amended: answ.er and *623counterclaim, with preliminary objections to the counterclaim, and a motion.by plaintiff for judgment for part of the demand. The court below sustained objections to the counterclaim and gave judgment to the plaintiff for a part of the alleged debt, and defendant appealed. We are of the opinion that the case was disposed of too summarily.

The complaint alleged…