Frantz v. Hays Coal Co.

Opinion by

Ross, J.,

This is an appeal by the defendant in an assumpsit action from the entry of judgment for the plaintiff on the pleadings.

Summary judgment will be entered only in a clear case and any doubt should be resolved against the entry of such judgment. National Cash Register Co. v. Ansell, 125 Pa. Superior Ct. 309, 189 A. 738; Roth v. Golden Slipper R. & C. Inc., 167 Pa. Superior Ct. 558, 76 A. 2d 475. In our opinion, this is such clear case, and the judgment of the learned court below will be affirmed.

The case involves the interpretation of a written contract under the terms of…