Legal Opinion

Bollinger v. Palmerton Area Communities Endeavor, Inc.

Pennsylvania Court of Common Pleas, Carbon County

Decided June 21, 1973No. 21Published

1Opinion of the Court

HEIMBACH, P. J.,

In determining the matter before us, we are to be guided by the following established principles of law once again reiterated in Watson v. Zanotti Motor Company, 219 Pa. Superior Ct. 96, 98:

“ ‘In considering the demurrer, every well-pleaded material fact set forth in the complaint, as well as all inferences reasonably deducible therefrom, must be taken to be admitted.
“ ‘ [i] n determining whether a demurrer should be sustained and the complaint dismissed the question is whether, on the facts averred, the law says with certainty that no recovery is possible.
“ ‘ [I]f there is…

2Cases cited5 opinions

  1. Robert F. Felte, Inc. v. WhiteSupreme Court of Pennsylvania · 1973
  2. Unit Vending Corp. v. LacasSupreme Court of Pennsylvania · 1963
  3. Watson v. Zanotti Motor Co.Superior Court of Pennsylvania · 1971
  4. Rodgers v. Studebaker Sales Co.Superior Court of Pennsylvania · 1931
  5. Montour Furniture Co. v. SakolskySuperior Court of Pennsylvania · 1936

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