Wentzell v. Cooper

Opinion by

Arnold, J.,

The court below opened a default judgment taken by plaintiff on defendants’ failure to file a timely answer. The plaintiffs appealed. The order will be affirmed.

Plaintiffs filed a complaint to recover damages (1) for an alleged breach of a warranty contained in a deed, with damages of $132.00; and (2) for alleged fraudulent representations, claiming damages of $2,150.00. Defendants’ preliminary objections (under Pa. R. C. P. *6201017 (b)) were to the blending of a tort action with an action of assumpsit in the complaint. On these objections defendants prayed for…