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DeANGELIS v. LAUGHLIN

436 Pa. 75 (1969)

DeAngelis v. Laughlin, Appellant.

Supreme Court of Pennsylvania.

November 11, 1969.

Attorney(s) appearing for the Case

N. Carl Schwartz, for appellant.

Thomas E. Waters, Jr., for appellee.

Before BELL, C.J., COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION PER CURIAM, November 11, 1969:

This appeal is quashed because: (1) illegality of a contract (though a difficult issue here) is an affirmative defense which shall be pleaded by way of New Matter, 12 P.S. App., R.C.P. 1030 (1967), and cannot be raised by way of preliminary objections, Goodrich-Amram, Standard Pennsylvania Practice, § 1017(b)-2 at 69, and § 1030-1.2 at 193, and (2) because an order overruling appellant's preliminary objections is interlocutory...

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