DUTCH PANTRY, INC. v. SHAFFER


396 Pa. 102 (1959)

Dutch Pantry, Inc., Appellant, v. Shaffer.

Supreme Court of Pennsylvania.

May 28, 1959.


Attorney(s) appearing for the Case

Leonard R. Apfelbaum, with him Laird S. Gemberling, for appellant.

Michael Kivko, with him Horace W. Vought, for appellee.

Sidney Apfelbaum, with him Joseph F. Ingham, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.


OPINION BY MR. JUSTICE BOK, May 28, 1959:

Preliminary objections have been sustained in both of these cases, and since the legal principles are the same and only the pleaded facts differ somewhat, we will consider them together.

It should be made clear at the outset that the scope of our review is narrowed to the question of whether or not summary judgment was proper. The law is plain that such disposition should be made, especially when it has the effect...

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