6 A.2d 297 | Pa. | 1939
The sole issue to be determined in this case of replevin for a clam-shell crane was one of title and right of possession.1 All extraneous matters may be treated as surplusage: Blossom Prod. Corp. v. Natl. Underwear Co.,
A court should never award a summary judgment in any case unless it is free from doubt, and one in which *568
a jury trial would be useless. As stated in Helfenstein v. LineMount. Coal Co.,
Judgment reversed with a venire.