Ottman, Trustees v. Albert Co.

Opinion by

Mr. Justice Maxey,

This appeal involves the same written instruments and cause of action as were before us in Ottman et al. v. Nixon-Nirdlinger et al., 301 Pa. 234, 151 A. 879. The decision in that case was upon the pleadings, and it was held that plaintiffs’ statement of claim made out a prima facie case entitling them to recover. Summary judg xueut for defendants upon a statutory demurrer was reversed and the case was remanded for trial. Upon the trial it appeared that the estate of Jules E. Mastbaum, deceased, had been improperly joined as a party defendant, instead of the…