LEE, INC. v. CHILDREN'S DEVELOP. CENTER

No. 63.

65 Pa. D. & C. 2d 642 (1974)

Michael Lee, Inc. v. Children's Developmental Center, Inc.

Common Pleas Court of Adams County, Pennsylvania.

April 29, 1974.


Attorney(s) appearing for the Case

Daniel W. Shoemaker, for plaintiff.

Stuart M. Neely, for defendant.


MacPHAIL, P. J., April 29, 1974.

Defendant has filed a motion for judgment on the pleadings in the within action of mortgage foreclosure. We may grant such motions only in clear cases and where a trial would be a fruitless exercise: Goldman v. McShain, 432 Pa. 61 (1968).

In its complaint, plaintiff describes, in paragraph 7, defendant's default as follows:*

"That said mortgage is in default...

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