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NECHO COAL CO. v. DENISE COAL CO.

387 Pa. 567 (1957)

Necho Coal Company v. Denise Coal Company, Appellant.

Supreme Court of Pennsylvania.

January 7, 1957.

Attorney(s) appearing for the Case

S.L. Goldstein, with him Charles J. Margiotti, Vincent M. Casey, Margiotti & Casey, and Suto & Schuchert, for appellant.

C. John Tillman, with him Paul Kern Hirsch, and Hirsch & Weise, for appellee.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, January 7, 1957:

Defendant appeals from entry of judgment for plaintiff on the pleadings upon its motion under Pa. R.C.P. 1034.

As contended by defendant, on such a motion we must accept as true all facts well pleaded and inferences reasonably deducible therefrom; and judgment should be entered only where it is clear that no meritorious legal defense is raised: Toff v. Vlahakis, 380 Pa. 512

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