Cain v. Crow

Opinion by

Keller, J.,

This is an appeal by defendant from a judgment entered in favor of the plaintiff for want of a sufficient affidavit of defense to plaintiff’s statement of demand. The action was in assumpsit to recover commissions alleged to be due on tbe sale of real estate.

The rule is well settled that judgment will not be entered summarily for the plaintiff on the pleadings unless his right to it is clear and free from doubt: Ashland Towson Corp. v. Kasunic, 110 Pa. Superior Ct. 496, 168 A. 502; Gordon v. Continental Casualty Co., 311 Pa. 109, 111, 166 A. 557; Chelten Ave. Bldg. Corp.…