PAPIEVES Et Ux. v. Kelly

Opinion by

Mr. Justice Pomeroy,

This appeal is from an order of the Court of Common Pleas of Delaware County sustaining preliminary objections in the nature of a demurrer and dismissing plaintiff’s complaint. The only facts before the Court are the averments of the complaint, and for present purposes the demurrer admits every well pleaded material fact set forth in the pleading to which it is addressed and the inferences reasonably deducible therefrom. Schott v. Westinghouse Electric Corporation, 436 Pa. 279, 259 A. 2d 443 (1969); Eden Roc Country Club v. Mullhauser, 416 Pa. 61, 204 A. 2d 465…