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CHARLES E. BROOKS v. CHARLES MCMENAMIN AND AUDREY MCMENAMIN (01/21/86)

filed: January 21, 1986.

CHARLES E. BROOKS
v.
CHARLES MCMENAMIN AND AUDREY MCMENAMIN, HIS WIFE, AND CAMELOT OF THE POCONOS, INC., APPELLANTS



Appeal from the order Entered November 30, 1984 in the Court of Common Pleas of Monroe County, Civil Division, at No.10-1984 Civil

COUNSEL

Meyer Simon, Glenside, for appellants.

Mark S. Love, Stroudsburg, for appellee.

Montemuro, Popovich and Watkins, JJ.

Author: Watkins

[ 349 Pa. Super. Page 437]

This is an appeal from the Order entered November 30, 1984, in the Court of Common Pleas of Monroe County denying appellants' petitions to amend their answer to the complaint and for an extension of time to respond to the motion for summary judgment and granting appellee's partial summary judgment.

This case arises out of an agreement between the parties by which appellee was to purchase one-third of the stock of the corporate appellant and become an employee. Appellee subsequently filed a Complaint against appellants containing

[ 349 Pa. Super. Page 438]

    seven counts, seeking inter alia, to rescind the stock purchase agreement (Count I). The trial court later granted appellee's motion for partial summary judgment regarding Count I with the order directing appellants to return to appellee the money he had paid for the stock plus interest.

Appellants present the following questions on appeal:*fn1

1. Did the trial court abuse its discretion by refusing to grant appellants' petitions to amend their answer to the complaint and for an extension of time to answer the motion for partial summary judgment?

2. Did the trial court err in granting the motion for partial summary judgment on the basis that appellant violated the Pennsylvania Securities Act in conjunction with the stock purchase agreement?

After appellee filed a motion for partial summary judgment appellants simultaneously filed petitions (1) for an extension of time to respond to the motion and (2) for leave to amend their answer to the complaint to include new matter ...


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