May 21, 1962
BLUE MOUNTAIN DAIRY, INC.
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.
Charles H. Weidner, with him Stevens & Lee, for appellant.
C. Wilson Austin, with him Edward Youngerman, for appellees.
Before Bell, C.j., Jones, Cohen, Eagen and O'brien, JJ.
[ 407 Pa. Page 567]
OPINION PER CURIAM
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.
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