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COLVIN v. SOMAT CORPORATION (09/23/74)

decided: September 23, 1974.

COLVIN
v.
SOMAT CORPORATION, APPELLANT



Appeal from order of Court of Common Pleas of Chester County, March T., 1972, No. 33, in case of G. Fred Colvin v. Somat Corporation.

COUNSEL

James E. McErlane, and Lamb, Windle & McErlane, for appellant.

Robert S. Gawthrop, Jr., and Gawthrop & Greenwood, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J.

Author: Price

[ 230 Pa. Super. Page 120]

This is an appeal from the dismissal of appellant's preliminary objections and demurrer to the appellee's complaint in assumpsit. The preliminary objections raised questions of jurisdiction and venue. The record before this court consists of the complaint, preliminary objections, and opinion and order of the lower court.

The appellee, G. Fred Colvin, a former president and member of the Board of Directors of the appellant, Somat Corporation, is a resident of Wisconsin. The appellant corporation is a Delaware corporation engaged in the manufacture of waste handling systems with its principal place of business in Chester County, Pennsylvania.

On or about June 25, 1970, the Chairman of the Board of Directors of Somat presented appellee with a letter requesting his resignation and offering severance pay. Appellee signed the letter and received a

[ 230 Pa. Super. Page 121]

    portion of the severance money. Mr. Colvin asserts that he has never received full payment.

In addition, Mr. Colvin contends that the appellant has refused to permit appellee to exercise certain stock options which he entered into during his employment with Somat. By reason of this alleged refusal, Mr. Colvin has sustained a loss, for which he claims damages in this suit.

Somat Corporation filed preliminary objections raising questions of jurisdiction and venue, and a demurrer to the complaint, alleging that appellee failed to state a cause of action.

Generally, an interlocutory order is not appealable, unless made otherwise by statute. Ventura v. Skylark Motel, Inc., 431 Pa. 459, 246 A.2d 353 (1968). However, appeals from the dismissal of preliminary objections which raise questions of jurisdiction and venue are appealable orders. Pennsylvania Rules of Civil Procedure § 1017 (b) (1) and § 1451 (b) (7). This court may hear such appeals pursuant to the authority conferred by the Appellate Court Jurisdiction Act, Act of July 31, 1970, P. L. 673, No. 223, Art. III, § 302, 17 P.S. § 211.302. Our inquiry is limited to whether the court below has ...


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