Saxe v. FEINSTEIN

Opinion by

Mr. Chief Justice Drew,

Plaintiffs, Samuel Saxe and Israel Saxe, instituted this suit in trespass in the Court of Common Pleas No. 5 of Philadelphia County to recover $33,575.46 for damages to their buildings which they alleged were due to the negligence of defendants, Cambria Iron & Metal Company and Benjamin Lessner Co., Inc., (hereinafter referred to as Lessner). At the close of the pleadings, defendant Lessner filed a motion for judgment on the pleadings and, from a dismissal of that motion, Lessner now appeals.

In their complaint, plaintiffs averred that Lessner orally agreed…