Lerman v. Friedmann

Oliver, P. J.,

Plaintiff instituted this action in assumpsit to recover commissions allegedly due him under a contract of employment with defendant. To plaintiff’s statement of claim defendant filed an affidavit of defense in lieu of a demurrer, raising a question of law. In this Commonwealth “A statutory demurrer is an admission of the truth of all the material facts sufficiently pleaded, and of every inference fairly deducible therefrom”: Blieden v. Toll, 139 Pa. Superior Ct. 436, 438 (1940) ; Troop v. Franklin Savings & Trust Co., 291 Pa. 18 (1927). So viewed, the pleadings established the…