Berger v. Ackerman

POPOVICH, Judge:

This is an appeal from an order sustaining preliminary objections in the nature of a demurrer and dismissing appellant’s complaint in equity. For the reasons stated herein, we affirm the lower court’s order.

To begin with, in reviewing an order sustaining preliminary objections in the nature of a demurrer we must remember that “a demurrer admits every well-pleaded material fact set forth in the pleadings, as well as all inferences, other than conclusions of law, reasonably deducible therefrom.” Tanenbaum v. Sears, Roebuck & Co., 265 Pa.Super. 78, 81, 401 A.2d 809, 810 (1979).…