Rossi v. Gehris Motors, Inc.

Bretherick, J.,

Counsel for defendant aptly states the question presented in this case:

“Where plaintiffs bring an action in assumpsit for materials furnished and labor performed in and about the improvement of defendant’s property pursuant to an oral contract, may defendant file a counterclaim for liquidated damages resulting from the poor, improper, unworkmanlike and negligent performance by plaintiffs of a prior oral contract for the improvement of the same property?”

The question arises by way of preliminary objections to the counterclaim. Since, in our opinion, the *89question requires an…