Flick v. Lorence

Acker, J.,

The matter for determination is whether the motion to strike the attempt at joinder of an additional defendant should be sustained. The answer must be “yes”. The action is in assumpsit, claiming $8,400 by plaintiff property owners against defendants, who executed a written agreement of sale for real property in the City of Butler. Defendants answer that subsequent to the agreement of April 12, 1967, they discovered that there was, in fact, no new wiring as represented to them by plaintiff’s real estate agent through his employe, Phyllis D. Holt. In addition to their answer,…