Aughenbaugh v. North American Refractories Co.

Opinion by

Me. Justice Eagen,

This is an appeal from a decree in equity in the court below entering judgment on the pleadings in favor of the defendant.

On a motion for judgment on the pleadings by the defendant, the complaint, answer and reply to averments of new matter in the answer are considered, and all facts plead by the plaintiff which are relevant and material must be accepted as admitted even though denied. However, inferences and conclusions drawn from a written instrument which is in the record, and asserted conclusions of law should not be considered or accepted as admitted. See…