Hess v. Harleysville Mutual Casualty Co.

Kreisher, P. J.,

This matter comes before the court on defendants’ preliminary objections to plaintiffs’ complaint and defendants’ answer thereto.

Plaintiffs instituted this action by complaint which reads in part as follows:

“Sheldon Hess and Theodore Cain, t/a Hess and Cain, Plaintiffs, bring this Action of Assumpsit against the Defendants in the above entitled case to recover the sum of nine hundred ($900) dollars, with interest from June 25,1956.

*314First: The Plaintiffs, Sheldon Hess and Theodore Cain are partners, trading as Hess and Cain, and are engaged in the business of excavation and road…