PINKERTON v. SOLIS


169 Pa.Super. 420 (1951)

Pinkerton, Appellant, v. Solis.

Superior Court of Pennsylvania.

July 19, 1951.


Attorney(s) appearing for the Case

Samuel Lichtenfeld, for appellant.

T.D. Wade, with him Wade, Wade and Wade, for appellees.

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


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

Invoking Pa. R.C.P. No. 1034, 354 Pa. xlv, plaintiff moved for judgment on the pleadings; the court below entered judgment for defendants; and plaintiff appealed. The judgment can be sustained only if the pleadings present a case clear and free from doubt; and every doubt must be resolved against the entry of a summary judgment. Kittaning Coal Co. v. Moore, 362 Pa. 128, 66 A.2d 273; Rohm & Haas Co. v. Lessner,...

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