Harkins v. Zamichieli

SPAETH, Judge:

This appeal is from an order sustaining preliminary objections and dismissing appellant’s complaint in equity. In determining whether the lower court properly dismissed the complaint, we must take as true “every well pleaded material fact set forth in the pleading . . ., as well as the inferences reasonably deducible therefrom.” Schott v. Westinghouse Electric Corp., 436 Pa. 279, 282, 259 A.2d 443, 445 (1969). Furthermore, we must bear in mind

the rule that preliminary objections should be sustained and a complaint dismissed only in cases which are clear and free from doubt.…