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NEDEROSTEK v. ENDICOTT-JOHNSON S. CO.

415 Pa. 136 (1964)

Nederostek, Appellant, v. Endicott-Johnson Shoe Co.

Supreme Court of Pennsylvania.

July 1, 1964.

Attorney(s) appearing for the Case

Paul A. McGinley, for appellant.

E. Drummond King, with him Robert B. Doll, for appellees.

Before JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE ROBERTS, July 1, 1964:

In this suit for breach of implied warranty of fitness, the court below granted defendants' motion for judgment on the pleadings filed pursuant to Pa. R.C.P. 1034. Therefore, we must consider as presently admitted by defendants all well-pleaded allegations of fact in the complaint. Smith v. Brown-Borhek Co., 414 Pa. 325, 200 A.2d 398 (1964).

The crucial paragraph in the complaint...

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