Anderson v. Bernhard Realty Sales Co.

Concurring and Dissenting Opinion by

Price, J.:

I concur in the Majority Opinion in this appeal, which reverses the lower court’s entry of a summary judgment in favor of Bernhard Realty Sales Company. The failure of Bernhard Realty to raise the statute of limitations in its answer constituted a waiver of that defense under Rule 1032 of the Pennsylvania Rules of Civil Procedure. The entry of a summary judgment on the basis of a defense not timely raised was not proper, and, therefore, must be reversed.

I respectfully dissent from the Majority Opinion with regard to the appeals against Revest,…