Fredericks v. Hamm

MacPhail, P. J.,

Plaintiffs have brought this suit in assumpsit against defendant to collect certain rentals and taxes alleged to be due under two “leasing” agreements attached to the complaint, involving heavy vehicular equipment, together with the costs and expenses of suit, including reasonable attorney’s fees.

Defendant has filed preliminary objections in the form of a demurrer and a motion raising the question of lack of capacity to sue.

Briefs were filed and oral argument was waived.

Demurrer

Two reasons have been advanced for the demurrer. First, defendant argues that the leasing contracts…