Robert Mallery Lumber Corp. v. B. & F. Associates, Inc.

I dissent from the court’s approval of the grant of judgment on the pleadings by the court below.1 Judgment on the pleadings should be granted only when a case is clear and free from doubt. Nevling v. Natoli, 290 Pa.Super. 174, 434 A.2d 187 (1981). It must be shown that there is no genuine issue of material fact. Coal Operator’s Casualty Co. v. Charles T. Easterby & Co. Inc., 440 Pa. 218, 269 A.2d 671 (1970). The majority sustains the entry of judgment on the pleadings against United Penn Bank of Wilkes-Barre on the basis of the doctrine of promissory estoppel as set forth in the Restatement…