Jamestown Iron & Metal Co. v. Knofsky

Opinion by

Mr. Justice Walling,

This is an action of trespass for deceit, wherein the only defendant brought into court filed an affidavit of defense raising a law question only, as provided in section 20 of the Practice Act of May 14, 1915, P. L. 483, 487. Thereupon the trial court entered judgment for the defendants and plaintiff has appealed. This action of the trial court was error. Such judgment can be entered only in a clear case, as every doubt must be resolved in favor of trial by jury (Franklin Sugar R. Co. v. Lykens M. Co., 274 Pa. 206; Morris & Bailey S. Co. v. Bank of Pgh., 277 Pa.…