TIDE WATER ASSOC. OIL CO. v. KAY


168 Pa.Super. 263 (1951)

Tide Water Associated Oil Co. v. Kay, Appellant.

Superior Court of Pennsylvania.

January 12, 1951.


Attorney(s) appearing for the Case

Paul Brandeis, with him Samuel Mink, for appellant.

Benjamin A. Katz, for appellee.

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


OPINION BY HIRT, J., January 12, 1951:

The judgment here on appeal was entered on the pleadings in favor of the plaintiff company and against the defendant in the sum of $1,254.74. At the argument below, prior to the entry of judgment, defendant's oral motion for leave to amend her affidavit of defense was denied. In the light of the rule that the power of entering summary judgment should be cautiously exercised (Holladay v. Fidler, 158 Pa.Super. 100, 43 A...

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