Gwin v. Gwin

COX, J.,

Before the court for disposition are the preliminary objections to counterclaim filed on behalf of the plaintiff John D. Gwin, executor of the estate of Ellen Mae Gwin, deceased, which argue that the defendant’s counterclaim for breach of contract is legally insufficient as the defendant has failed to adequately aver an express contract giving rise to a duty to pay for services rendered during the decedent’s lifetime. The plaintiff also contends that the counterclaim lacks specificity regarding the contract between the defendant and the decedent for services rendered during the…