Binswanger v. Levy

ROWLEY, Judge:

This is an appeal from an order of the trial court sustaining appellees’ preliminary objections in the nature of a demurrer and dismissing appellants’ complaint in assumpsit.

Initially we note the applicable standard of review is expressed in Donnelly v. DeBourke, 280 Pa.Super.Ct. 486, 489-90, 421 A.2d 826, 828 (1980) (citations omitted):

[WJhen considering preliminary objections in the nature of a demurrer, we accept as true all well-pleaded material facts in the complaint, as well as all inferences reasonably deducible therefrom ... [Preliminary objections should be sustained…