Exton Drive-In, Inc. v. Home Indemnity Co.

436 Pa. 480 (1969)

Exton Drive-In, Inc., Appellant,

v.

Home Indemnity Co.

Supreme Court of Pennsylvania.

Argued May 5, 1969.

November 28, 1969.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

Harry Norman Ball, with him Carl K. Zucker, for appellant.

Herbert A. Barton, with him Swartz, Campbell & Detweiler, for appellee.

David N. Rosen, with him Jon Grossman, and Rose, Sherwin & Seltzer, for appellee.

OPINION BY MR. JUSTICE POMEROY, November 28, 1969:

This action was commenced in 1956 when Exton Drive-In, Inc. (Exton) filed a complaint in assumpsit against The Home Indemnity Co.…