NO. 152 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Bucks County, Civil, No. 79-3603-11-1.
Stephen I. Weiss, Langhorne, for appellant.
Richard T. Abell, Ambler, for Carr, Duff and Grimes, appellees.
Werner H. Von Rosenstiel, Philadelphia, for Kelly, appellee.
John J. Connors, Southampton, for Ryan, appellee.
Cercone, President Judge, and McEwen and Hoffman, JJ.
[ 310 Pa. Super. Page 560]
We here consider an appeal from an order of the Common Pleas Court of Bucks County which sustained preliminary objections in the nature of a demurrer and dismissed the complaint as to eighteen of the named defendants. We affirm.
Plaintiff-appellant Northampton Valley Constructors, Inc. brought suit against the following parties: Horne-Lang
[ 310 Pa. Super. Page 561]
Associates (Horne-Lang), a Pennsylvania limited partnership; John J. McIlhinney, the general partner of Horne-Lang; and the eighteen limited partners of Horne-Lang. Ten of the limited partners filed preliminary objections, four others filed answers to the complaint, and the remaining four limited partners were never served. The Common Pleas Court sustained the preliminary objections and dismissed the complaint as to all of the limited partners named in the suit.
We are guided in our review of this case by the principles enunciated by the distinguished Pennsylvania Supreme Court Justice Robert N.C. Nix, Jr. in Sinn v. Burd, 486 Pa. 146, 149-50, 404 A.2d 672, 673-74 (1979):
It is axiomatic in the law of pleading that preliminary objections in the nature of a demurrer admit as true all well and clearly pleaded material, factual averments and all inferences fairly deducible therefrom. Yania v. Bigan, 397 Pa. 316, 155 A.2d 343 (1959); Byers v. Ward, 368 Pa. 416, 84 A.2d 307 (1951). Conclusions of law and unjustified inferences are not admitted by the pleading. Lerman v. Rudolph, 413 Pa. 555, 198 A.2d 532 (1964). Starting from this point of reference the complaint must be examined to determine whether it sets forth a cause of action which, if proved, would entitle the party to the relief sought. If such is the case, the demurrer may ...