Sterback v. Plank

Johnstone, J.,

Preliminary objections have been filed by defendants to plaintiffs’ complaint, and the objections have been argued before the court en banc. In disposing of the objections we will accept as true all allegations of fact in the complaint, but not conclusions or matters of law, and no summary judgment will be entered except in a clear case and one that is free from doubt: Taylor v. Richman, 395 Pa. 162, 165.

The complaint alleges that James W. Sterback (Sterback) and Walter V. Plank, Jr. (Plank) orally agreed to engage in the repair and remodeling of dwellings and buildings and the…