Commonwealth National Bank v. Harrisburg Polyclinic Hospital

DOWLING, J.,

We are denying defendant’s motion for judgment on the pleadings because we find there exists unresolved fact issues determinative of the rights of the parties. Such an extraordinary remedy may be granted only in cases “which are so free from doubt that a trial would clearly be a fruitless exercise.”: Bata v. Central-Penn National Bank of Phila., 423 Pa. 373, 378, 224 A. 2d 174 (1966).

The case presents several stimulating and provocative legal questions which might well have had their genesis in abar examination question but which are, unfortunately, authentic. On March 13, 1972,…