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FRANTZ v. HAYS COAL COMPANY

169 Pa.Super. 248 (1951)

Frantz v. Hays Coal Company, Appellant.

Superior Court of Pennsylvania.

July 19, 1951.

Attorney(s) appearing for the Case

William A. Meyer, with him Edward T. Tait and Kountz, Fry & Meyer, for appellant.

Samuel J. Feigus, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

OPINION BY ROSS, J., July 19, 1951:

This is an appeal by the defendant in an assumpsit action from the entry of judgment for the plaintiff on the pleadings.

Summary judgment will be entered only in a clear case and any doubt should be resolved against the entry of such judgment. National Cash Register Co. v. Ansell, 125 Pa.Super. 309, 189 A. 738; Roth v. Golden Slipper R. & C. Inc., 167 Pa.Super. 558

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