Estate Property Corp. v. Hudson Coal Co.

As the complaint fails to allege performance or excuse for non-performance, the motion for judgment on the pleadings should be granted on that ground alone, with leave, however, to plaintiff to replead.

Summary judgment, however, in defendant’s favor finally dismissing the complaint should not be granted until after a full disclosure of all the facts at trial. The terms of this lease relating to mining property in Pennsylvania are unique and neither side presents a controlling authority construing precisely similar terms of agreement either under Pennsylvania law (which would be an issue of…