Kalman v. Thornton-Fuller Co.

MacNeille, P. J.,

— We are considering preliminary objections to plaintiff’s bill in equity. The objection raised is as follows: that upon the facts averred plaintiff has a valid, complete and adequate remedy at law by way of a suit in assumpsit for the alleged breach of contract.

Plaintiff avers in his bill that defendant entered into an oral contract whereby plaintiff agreed to buy *398and defendant agreed to sell a new Dodge or Plymouth sedan automobile at and for the prevailing price on the date of delivery.

Plaintiff avers that he paid on account thereof $25; that although defendant contracted…