Kaye v. Penn Aluminum Construction Co.

Henninger, P. J.,

Plaintiff in this action is suing defendant for additional commissions which he alleged are due and which he failed to receive because of defendant’s fraudulent accounting to him.

Defendant has filed preliminary objections (1) that there is another suit pending for the same amount; (2) that the claim is insufficiently pleaded, and (3) no allegation whether contract oral or in writing.

Plaintiff concedes the third point, which will be sustained and plaintiffs will be ordered to amend so as to comply with Pennsylvania R. C. P. 1019 (h).

We see no merit in defendant’s objection to…