Beth-June, Inc. v. Wil-Avon Merchandise Mart, Inc.

Opinion by

Montgomery, J.,

This case is before us on a petition for a declaratory judgment and an answer thereto. There being no issue of fact the trial judge granted the plaintiff’s motion for judgment on the pleadings and denied the defendant’s motion. From this judgment the defendant appealed to this Court.

The undisputed facts in this case are as follows. On September 15, 1959 the defendant, Wil-Avon Merchandise Mart, Inc., conveyed to the plaintiff, Beth-June, Inc., certain land in Grove Township, Chester, Pennsylvania. Simultaneously with this conveyance plaintiff executed a mortgage in…