Dutch Pantry, Inc. v. Shaffer

Opinion by

Mr. Justice Bok,

Preliminary objections have been sustained in both of these cases, and since the legal principles are the same and only the pleaded facts differ somewhat, we will consider them together.

It should be made clear at the outset that the scope of our review is narrowed to the question of whether or not summary judgment was proper. The law is plain that such disposition should be made, especially when it has the effect of putting the plaintiff out of court, only in cases that are clear and free from doubt: London v. Kingsley, 368 Pa. 109; 81 A. 2d 870 (1951); Adams v.…