Cellutron Products Corp. v. Stewart

Opinion by

Cercone, J.,

The issue presented in this appeal is whether or not a defendant, after an appeal by him to the Common Pleas Court from an arbitrator’s award in plaintiff’s favor, can amend his counterclaim so as to change its basis.

The lower court did not permit the amendment, and we hold this to be error. Amendments are liberally allowed under Buie 1033 of the Pennsylvania Eules of Civil Procedure 1 and we see no reason to apply a more restrictive rule merely because the cause of action before the court has come to it upon appeal from a arbitrator’s award. Though it is true that…