Opinion
April 27, 1962.
May 21, 1962.
Practice — Judgment on pleadings — Denial — Assumpsit.
Summary judgment should be entered only in a case that is free and clear from doubt.
Before BELL, C. J., JONES, COHEN, EAGEN and O'BRIEN, JJ.
Appeal, No. 231, Jan. T., 1962, from order of Court of Common Pleas of Berks County, Sept. T., 1961, No. 159, in case of A. Jacob Levin v. Blue Mountain Dairy Inc., Blue Mountain Realty Corporation, Blue Mountain Dairy Processing Company, Inc. et al. Order affirmed.
Assumpsit.
Order entered refusing plaintiff's motion for judgment on the pleadings, opinion by HESS, P. J. Plaintiff appealed.
Charles H. Weidner, with him Stevens Lee, for appellant. C. Wilson Austin, with him Edward Youngerman, for appellees.
Plaintiff-appellant appeals from an order of the court below dismissing his motion for judgment on the pleadings in an action of assumpsit.
Summary judgments should be entered only in cases that are free and clear from doubt: Dutch Pantry, Inc. v. Shaffer, 396 Pa. 102, 151 A.2d 621 (1959); Ross v. Metropolitan Life Ins. Co., 403 Pa. 135, 169 A.2d 74 (1961). Our study of the record impels us to the conclusion that this is not such a case.
Order affirmed.