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ED. ROBINSON AGENCY v. OLEEN PROD. CORP.

399 Pa. 502 (1960)

Edward Robinson Agency, Appellant, v. Oleen Products Corporation.

Supreme Court of Pennsylvania.

May 23, 1960.

Attorney(s) appearing for the Case

M.E. Maurer, with him Wexler, Mulder & Weisman, for appellant.

Maurice Pollon, with him Leonard Barkan, for appellee.

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

OPINION BY MR. CHIEF JUSTICE JONES, May 23, 1960:

The plaintiff appeals from an order refusing its motion for judgment on the pleadings for a portion of the claim for which it brought this action in assumpsit. There is no procedure for a summary judgment for a portion of a claim that is not unequivocally and unqualifiedly admitted to be due by the defendant's answer or, stated otherwise, is only contingently admitted by the defendant to be due upon the plaintiff's...

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