On November 20, 1955, Ortmann and Ulrich (defendants) threatened to harm Cucinotti (plaintiff) with physical violence if Cucinotti failed to leave the premises. This caused Cucinotti to fear bodily harm and caused him emotional distress. As a result of the emotional distress, Cucinotti had to receive medical attention. Cucinotti sued Ortmann and Ulrich as a result of the injuries suffered from their threats. During the suit, Ulrich objected to the complaint, arguing that Cucinotti failed to state a cause of action for assault. The trial court sustained the objection. Cucinotti then amended the complaint, alleging that Ortmann and Ulrich threatened to commit immediate bodily harm and that they were carrying blackjacks. Ulrich again objected to the complaint, and the lower court sustained the preliminary objection and did not give Cucinotti leave to amend the complaint.