Bollinger v. Palmerton Area Communities Endeavor, Inc.

JACOBS, Judge:

This is an appeal from the order of the court below granting plaintiff-appellee’s motion for summary judg ment. On two levels, this is not a case suitable for disposition through summary judgment procedure. We reverse.

Plaintiff-appellee, Bollinger Brothers, was the record owner of a 16-acre tract of land in Carbon County. In December of 1960 said tract of land was conveyed, for no consideration, to defendant-appellant, Palmerton Area Communities Endeavor, Inc., (Palmerton) under an alleged 1 express agreement that the tract of land was to be used “only for industrial development…