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MAYO v. McCLOSKEY & CO.

Civ. A. No. 24395.

168 F.Supp. 241 (1958)

Joseph A. MAYO and Ruth S. Mayo v. McCLOSKEY & CO., McCloskey & Co. of Florida and McCloskey Homes, Inc.

United States District Court E. D. Pennsylvania, at Philadelphia.

September 3, 1958.

Attorney(s) appearing for the Case

William R. Hudson, Richard W. Hopkins, White, Williams & Scott, Philadelphia, Pa., for plaintiffs.

J. Dress Pannell and Lawrence D. Biele, Philadelphia, Pa., for defendants.

LEAHY, District Judge.

Defendants challenge the complaint by (1) a motion to dismiss for failure to state a claim; (2) a motion to strike, and (3) a motion for a more definite statement. The complaint has two counts: (1) breach of contract to construct a house and (2) misrepresentation of the condition of the house at the time of settlement. The theories behind defendants' motions are that neither count states a cause of action and the counts are improperly joined...

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