Nelson Dairies, Inc. v. Royal

Forrest, J.,

This case comes before us on preliminary objections in the nature of a demurrer to an amended complaint in assumpsit. Plaintiffs originally filed a complaint in equity against *372defendants, alleging that said parties entered into a written agreement between themselves on September 26, 1952. Pursuant to Pa. R. C. P. 1019 (A.), a copy of the alleged agreements was annexed to the complaint. This alleged agreement contained a recital that: “Whereas (plaintiff) has agreed to loan the sum of Six Thousand Dollars ($6,000.00) to (defendants) to purchase a luncheonette and danceland situate…