Walker v. Saricks

Opinion by

Mr. Justice Allen M. Stearne,

This appeal involves the construction of a written contract. Plaintiff (appellee) instituted an action of assumpsit to which defendant (appellant) filed an amended affidavit of defense and new matter. Plaintiff filed a reply to the new matter and moved for judgment on the pleadings under Rule 1034 of the Rules of Civil Procedure. The court below entered its order sustaining the motion. This appeal followed. The admitted facts are as follows: ■

Prior to August 21, 1945, the plaintiff was the lessee of a siding on the Pennsylvania Railroad at or near…