Moyer v. Kline

Biester, P. J.,

The above matter is before us as the result of preliminary objections to the complaint in assumpsit.

Defendant contends that plaintiff has failed to aver that the contract upon which he seeks recovery is an oral or written contract, and in the event it is the latter, has failed to attach a copy of it. Defendant also filed a preliminary objection in the nature of a demurrer, arguing that, in its present form, the complaint fails to set forth a cause of action.

This is a suit seeking to recover real estate broker’s commissions. The complaint avers that, on July 27, 1950, Leo W.…