Smith v. Weaver

DEL SOLE, Judge:

This is an appeal from an order granting Appellee’s preliminary objections and dismissing all eleven counts of Appellants’ Complaint, with prejudice. We reverse in part, affirm in part.

The claims made by Appellant were each premised in some manner on a question of who is to be responsible for costs associated with underground storage tanks which were leaking waste materials. The Complaint sets forth the following relevant facts.

Appellants [the buyers] purchased property on which had been operated a gasoline station from Appellee [the seller] in August of 1981. The Sales…