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RICHARD C. AND FRANCELLA A. GOZON v. HENDERSON-DEWEY & ASSOCIATES (04/08/83)

filed: April 8, 1983.

RICHARD C. AND FRANCELLA A. GOZON, APPELLANTS,
v.
HENDERSON-DEWEY & ASSOCIATES, INC. COMMONWEALTH ENTERPRISE, INC. AND BENJAMIN L. AND BEVERLY B. TAYLOR AND AMERICAN POOL SERVICE CORPORATION AND BARBARA DEUBER



No. 2417 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Delaware County, Civil Division at No. 80-5323

COUNSEL

Jeffrey R. Lerman, Philadelphia, for appellants.

Littleton W. Roberts, Wayne, for Henderson-Dewey, appellee.

Reese A. Davis, Wayne, for Taylor, appellees.

A. Bruce Niccolo, Philadelphia, for Amer. Pool, appellee.

Spaeth, Brosky and Beck, JJ. Spaeth, J., concurs in the result.

Author: Brosky

[ 312 Pa. Super. Page 243]

This action was commenced by appellants, the Gozons, who seek damages for losses they allegedly suffered because of defects in a house which they purchased in 1978. Appellees, the Taylors, were the sellers of the house; Henderson-Dewey & Associates was the realtor. Henderson-Dewey joined appellee American Pool Service Corporation as an additional defendant.*fn1

The trespass complaint filed by appellants alleges that the named defendants misrepresented the condition of the house and an adjacent pool to them. Depositions of the parties were filed with the lower court and subsequently appellees filed motions for summary judgment which were granted. This appeal followed. We affirm.

It is axiomatic that summary judgment is to be entered only in a clear case. Dippold v. Amherst Insurance Co., 290 Pa. Super. 206, 208, 434 A.2d 203, 204 (1981).

Pa.R.C.P. 1035(b) states that summary judgment shall be entered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact.

In Amabile v. Auto Kleen Car Wash, 249 Pa. Super. 240, 244-45, 376 A.2d 247, 249 (1977), we explained that the burden of demonstrating that no genuine issue of material fact exists ...


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