Cheston L. Eshelman Co. v. Friedberg

The appellant sued appellees claiming damages for an al leged breach of contract by the appellees, and filed with its declaration a motion for summary judgment, and an affidavit. The appellees filed appropriate pleas to the declaration, an answer to the appellant’s motion for summary judgment, a motion for summary judgment and an affidavit on their own behalf.

After a hearing before Judge Niles, both motions for summary judgment were denied, and the case then proceeded to trial before Judge Mason, sitting without a jury. After hearing the evidence, Judge Mason held that the appellees had not…