MELLENBERG, J., October 4, 1976.
Plaintiff instituted the above action in assumpsit by complaint on December 24, 1975. On February 11, 1976, the parties filed a stipulation of facts and subsequent thereto responsive pleadings in agreement with the stipulation of facts filed. Plaintiff, on April 21, 1976, and defendant, on April 26, 1976, each filed a motion for summary judgment under Pa. R.C.P. 1035, which motions are now before the Court for disposition.<...
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