BURG v. BETTY GAY OF WASH., INC.


423 Pa. 485 (1966)

Burg, Appellant, v. Betty Gay of Washington, Inc.

Supreme Court of Pennsylvania.

November 28, 1966.


Attorney(s) appearing for the Case

John A. Metz, Jr., with him David C. Baldus, and Metz, Cook, Hanna & Kelly, and Alpern & Alpern, for appellant.

Gilbert J. Helwig, with him G. Donald Gerlach, John H. Davidson, and Reed, Smith, Shaw & McClay, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE COHEN, November 28, 1966:

This is an appeal by plaintiff from the action of the court below granting defendant's motion for judgment on the pleadings. Action was instituted by a complaint in assumpsit alleging the breach by defendant as lessee of a written twenty-one year lease agreement with plaintiff, in which agreement a third party was named as lessor. Plaintiff sued as the real party in interest...

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