Duro Art Supply Co. v. Auto Parts & Radiator Co.

DlGGlNS, J.,

In this case, plaintiff filed a complaint in assumpsit against defendant seeking judgment for $2,053.93 for certain merchandise allegedly sold and delivered. Defendant filed preliminary objections, contending that plaintiff’s complaint is vague and indefinite and violates Pennsylvania Rule of Civil Procedure 1017(b) 3 and also alleging that plaintiff is a foreign business corporation and unauthorized to do business in Pennsylvania. These preliminary objections are not in proper form in that there is no affidavit attached and might be dismissed for that reason. However, in the…