Azar v. Markle

Pee Cueiam,

This appeal is from judgment for defendants entered for the reason that plaintiff’s statement of claim fails to set forth a sufficient cause of action.

Ordinarily, we are loath to sustain judgment on an affidavit of defense which merely sets up insufficiency of the statement of claim without giving plaintiff an opportunity to amend (Seaman v. Tamaqua N. B., 280 Pa. 124, 127; Stevens v. Smith, and Stevens v. Doylestown B. & L. Assn., 310 Pa. 287, and cases there cited); in the present case, however, plaintiff, at argument, stated he Avould stand on his claim as presented, which is…