ROSSI ET AL. v. GEHRIS MOTORS, INC.


83 Pa. D. & C. 88 (1952)

Rossi et al. v. Gehris Motors, Inc.

Common Pleas Court of Delaware County, Pennsylvania.

April 23, 1952.


Attorney(s) appearing for the Case

Holl, Taylor & Holl, for plaintiffs.

Rocap & Rocap, for defendant.


BRETHERICK, J., April 23, 1952.

Counsel for defendant aptly states the question presented in this case:

"Where plaintiffs bring an action in assumpsit for materials furnished and labor performed in and about the improvement of defendant's property pursuant to an oral contract, may defendant file a counterclaim for liquidated damages resulting from the poor, improper, unworkmanlike and negligent performance by plaintiffs of a prior oral contract for the improvement...

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