Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.

Opinion by

Keller, P. J.,

The plaintiff has appealed from an order of the Municipal Court refusing judgment for want of a sufficient affidavit of defense in an action of replevin. It is the established rule that an order refusing summary judgment for want of a sufficient affidavit of defense will not be reversed on appeal unless the plaintiff’s right to judgment is clear and free from doubt: Kaster v. Penna. Fuel Supply Co., 300 Pa. 52, 150 A. 153; Peabody v. Carr, 316 Pa. 413, 175 A. 378. Where a substantial doubt exists as to whether or not a summary judgment should be entered, it should…