Reo Motors, Inc. v. Wolf

Smith, J.,

This case comes before the court on preliminary objections filed by plaintiff to a counterclaim pleaded by one of the defendants in the answer. The action is in trespass. The counterclaim is in assumpsit. The preliminary objections question first, the right to file the counterclaim and second, the sufficiency thereof. The pleadings material to the questions thus raised are as follows:

*464 The Complaint

The complaint avers that on certain dates in July and August 1948 plaintiff and the three defendants, trading as Mid State Motors, and individually through their duly authorized agent,…