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CRAIG v. W. J. THIELE & SONS (03/16/59)

March 16, 1959

CRAIG
v.
W. J. THIELE & SONS, INC., APPELLANT.



Appeal, No. 91, Jan. T., 1959, from order of Court of Common Pleas of Luzerne County, July T., 1958, No. 494, in case of John Craig, trading as Craig Mack Truck Sales v. W. J. Thiele & Sons, Inc. Order reversed.

COUNSEL

Samuel R. DiFrancesco, with him Conrad A. Falvello, for appellant.

Theodore R. Laputka, with him Laputka, Bayless, Ecker & Cohn, for appellee.

Before Jones, C.j., Musmanno, Jones, Cohen and Mcbride, JJ.

Author: Mcbride

[ 395 Pa. Page 130]

OPINION BY MR. JUSTICE MCBRIDE

The question presented is whether venue was properly laid in Luzerne County. The complaint alleges that plaintiff, an individual residing in Hazleton, Luzerne

[ 395 Pa. Page 131]

County, and trading as Craig Mack Truck Sales, entered into a contract with defendant, a Pennsylvania corporation having its principal offices in Johnstown, Cambria County, whereby defendant agreed to sell to plaintiff twelve truck bodies. These truck bodies were to be placed on trucks which were to be sent for that purpose by plaintiff to Johnstown. Plaintiff avers that the trucks were sent by him to defendant in accordance with the agreement, bodies were installed, and upon receipt by plaintiff he attempted to deliver them to a purchaser, Schuck, whose place of business was in Tamaqua, Schuylkill County, but the latter refused to accept them because of faulty construction.

Plaintiff seeks damages arising from the loss of profit of the sale, loss of sales value through regular business channels, expenses for repairing and rebuilding said equipment, and costs necessarily expended to convert all the defective parts of said equipment.

Defendant challenged venue by preliminary objections which the court below overruled, resulting in this appeal.

The case is governed by Pa. R.C.P. 2179, which provides as follows: "Rule 2179. Venue. (a) Except as otherwise provided by an Act of Assembly or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; or (4) a county where a transaction or occurrence took place out of which the cause of action arose."

It becomes clear at once that Paragraphs (a) (1) and (2) have no application since the complaint does not aver that the ...


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