Gordon v. Continental Casualty Co.

Opinion by

Mr. Justice Simpson,

The questions raised on this record are both interesting and important, and have been argued with marked ability by the respective counsel. As, however, the appeal is from a summary judgment, entered against defendant for want of a sufficient affidavit of defense, it cannot be sustained if a substantial doubt exists as to the propriety of its entry: Davis v. Investment Land Co., 296 Pa. 449; Chelten Ave. Building Corporation v. Mayer, 306 Pa. 225. Under such circumstances, the judgment will be reversed and the parties remitted to a trial to establish the facts on…