Elkin v. Bell Telephone Co.

JACOBS, Judge:

The Bell Telephone Company of Pennsylvania has appealed from the order of the lower court refusing its motion for summary judgment.1 Bell contends that there are no remaining issues of fact which the lower court has jurisdiction to decide. For the reasons developed below, we reverse.

A brief exposition of the facts is necessary for a full understanding of the issues and arguments on this appeal. Appellee’s assignor, Studio Photographers, Inc. of Pennsylvania, instituted this action on December 7, 1971, by filing a *507complaint containing four counts. Count One sought compensatory…