Bogojavlensky v. Logan

Opinion by

Rhodes, P. J.,

This is an appeal by defendant from a judgment entered on plaintiffs’ motion for judgment on the pleadings which consist of the complaint in assumpsit and answer. The action was for the return of the payment made by plaintiffs to defendant under a contract for the purchase of land and the construction of a dwelling thereon. The question involved is whether the court below erred in entering judgment without granting leave to defendant to amend her answer.

Plaintiffs in their complaint alleged that defendant breached the contract in failing to perform on the date set…