DeAngelis v. Laughlin

Opinion

Per Curiam,

This appeal is quashed because: (1) illegality of a contract (though a difficult issue here) is an affirmative defense which shall be pleaded by way of New Matter, 12 P.S. App., B.C.P. 1030 (1967), and cannot be raised by way of preliminary objections, Goodrich-Am-ram, Standard Pennsylvania Practice, §1017 (b)-2 at 69, and §1030-1.2 at 193, and (2) because an order overruling appellant’s preliminary objections is interlocutory and not appealable, Grosso v. Englert, 381 Pa. 351, 113 A. 2d 250 (1955). The Act of March 5, 1925, P. L. 23, 12 P.S. §672, does not confer…