Pennsylvania Court of Common Pleas, Berks County April 13, 1931, No. 54 (Schupp v. Willard Parker Co.)

SHANAMAN, J.,

— Plaintiff sued defendant in assumpsit, and defendant filed an affidavit of defense and counterclaim. Plaintiff, in lieu of demurrer, replied to the counterclaim and raised questions of law, which are before us. The question is whether plaintiff shall have judgment on the counterclaim.