Tide Water Associated Oil Co. v. Kay

Opinion by

Hirt, J.,

The judgment here on appeal was entered on the pleadings in favor of the plaintiff company and against the defendant in the sum of $1,254.74. At the argument below, prior to the entry of judgment, defendant’s oral motion for leave to amend her affidavit of defense was denied. In the light of the rule that the power of entering summary judgment should be cautiously exercised (Holladay v. Fidler, 158 Pa. Superior Ct. 100,. 43 A. 2d 919) we may not assume that the defendant' cannot plead a good defense to the claim,-in whole or in part. The judgment will be set aside and…