HomeMy WebLinkAbout2004-3798 Civil
THE MCNAUGHTON
COMP ANY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
ESTATE OF DALE B. FAILOR,
Deceased, Late of Upper Allen
Township,
Cumberland County, Pa.,
Defendant
NO. 2004-3798 CIVIL TERM
CIVIL ACTION - LAW
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Hoffer, P.J., April
, 2005
Plaintiff has filed this appeal from our Order dated January 5,2005 granting the
defendant's preliminary obj ections in the nature of a demurrer. Plaintiff s action was for
breach of contract. The demurrer was based upon plaintiff s failure to plead the
occurrence of a condition precedent to the performance of the contract, i. e. court approval
of its terms. On June 11, 2004 we entered an order declaring that the contract at issue
was in fact conditioned upon the executor obtaining court approval. 1 On September 1,
2004 we entered an order denying defendant's Motion for Reconsideration of our June
11, 2004 order. The latter order was accompanied by an opinion which set forth the
reasons for our decision.2
DATE
George E. Hoffer, P.J.
David E. Lehman, Esquire
Keith O. Brenneman, Esquire
1 See a copy of In re: Estate of Donald B. Failor, No. CP-21-413 - 1996 ORPHANS' COURT DIVISION
2 The June 11, 2004 order and opinion are attached hereto.