Opinion
March 18, 1964.
April 21, 1964.
Declaratory judgments — When available — Disputed facts.
A declaratory judgment may not be granted where there are important controverted or disputed facts.
Mr. Justice COHEN concurred in the result.
Argued March 18, 1964. Before BELL, C. J., MUSMANNO JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 8, March T., 1964, from judgment of Court of Common Pleas of Clarion County, Nov. T., 1959, No. 128, in case of Central Mutual Insurance Company v. James Lutz, Pittsburgh National Bank, Fred G. Perry et al. Judgment vacated.
Declaratory judgment proceeding. Before WEAVER, P. J.
Verdict entered for defendants and against plaintiff, plaintiff's motions for new trial and for judgment non obstante veredicto refused and judgment entered on the verdict. Plaintiff appealed.
Lee C. McCandless, with him H. Ray Pope, Jr., for appellant.
Saul J. Bernstein, with him Robert B. Filson, Donald Miller, and Miller, Buterbaugh and Cope, and Bernstein and Campbell, for appellees.
This appeal arose from a Judgment rendered for defendants in a declaratory judgment proceeding. The pleadings and testimony raised important controverted or disputed facts and consequently a declaratory judgment proceeding will not lie. Allstate Insurance Company v. Seward, 407 Pa. 628, 182 A.2d 715; State Farm Mutual Automobile Insurance Company v. Semple, 407 Pa. 572, 180 A.2d 925.
Judgment vacated.
Mr. Justice COHEN concurs in the result.