AUGHENBAUGH v. N. AM. REFRAC. CO.


426 Pa. 211 (1967)

Aughenbaugh, Appellant, v. North American Refractories Company.

Supreme Court of Pennsylvania.

June 29, 1967.


Attorney(s) appearing for the Case

Carl A. Belin, Jr., with him Belin & Belin, for appellants.

David T. Quigley, with him Dan P. Arnold, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, June 29, 1967:

This is an appeal from a decree in equity in the court below entering judgment on the pleadings in favor of the defendant.

On a motion for judgment on the pleadings by the defendant, the complaint, answer and reply to averments of new matter in the answer are considered, and all facts plead by the plaintiff which are relevant and material must be accepted as admitted even...

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