Richard's 5 & 10, Inc. v. Brooks Harvey Realty Investors

SPAETH, Judge:

This is an appeal from an order sustaining preliminary objections in the nature of a demurrer to an amended complaint in assumpsit.

“ ‘The question raised by [a] demurrer is whether upon the facts averred in the pleading being attacked the law says with certainty that the claim or defense is no good, and if there is any doubt as to whether the demurrer should be sustained it should be resolved against the objecting party.’ ” King v. United States Steel Corp., 432 Pa. 140, 144, 247 A.2d 563, 565 (1968) (citation omitted; original emphasis). Thus, on this appeal “every material and…