Dunhour v. Factor

Ervin, P. J.,

— Defendants filed a petition for leave to file an amended answer and new matter to plaintiff’s complaint, as well as a counterclaim, upon which a rule to show cause was granted and an answer filed by plaintiff. Defendants’ rule must be made absolute.

Plaintiff’s complaint was for the return of the down payment of $1,000 under an agreement of sale for a *283property in the City of Chester, Delaware County, Pa. Defendants’ answer and new matter defended on the ground that the down payment was retained as liquidated damages. No counterclaim was filed. When the case came on for pretrial…