Bell Tel. Co. of Pennsylvania v. Sanner

JACOBS, Judge:

This is an appeal by The Bell Telephone Company of Pennsylvania from the order of the lower court dismissing its preliminary objections to appellee’s answer, new matter and counterclaim. 1 For the reasons developed below, we reverse.

The pertinent facts of the case are not in dispute and may be summarized as follows: On August 25,1975, Bell instituted this assumpsit action against appellee Mitchell W. Sanner to recover tariff charges for the telephone services it had provided. Sanner filed an answer, new matter and counterclaim to Bell’s complaint. In his answer, appellee…