Pinkerton v. Solis

Opinion by

Reno, J.,

Invoking Pa. R. C. P. No. 1034, 354 Pa. xlv, plaintiff moved for judgment on the pleadings; the court below entered judgment for defendants; and plaintiff appealed. The judgment can be sustained only if the pleadings present a case clear and free from doubt; and every doubt must be resolved against the entry of a summary judgment. Kittaning Coal Co. v. Moore, 362 Pa. 128, 66 A. 2d 273 ; Rohm & Haas Co. v. Lessner, 168 Pa. Superior Ct. 242, 77 A. 2d 675.

Plaintiff instituted assumpsit on August 23, 1949, to recover treble damages1 for rent paid from February 1947, to March…