Edward Robinson Agency v. Oleen Products Corp.

Opinion by

Mr. Chief Justice Jones,

The plaintiff appeals from an order refusing its motion for judgment on the pleadings for a portion of the claim for which it brought this action in assumpsit. There is no procedure for a summary judgment for a portion of a claim that is not unequivocally and unqualifiedly admitted to be due by the defendant’s answer or, stated otherwise, is only contingently admitted by the defendant to be due upon the plaintiff’s compliance with certain unperformed conditions.

The procedural situation in the instant case is well described in the opinion of President Judge…