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MOZINO v. CANUSO

384 Pa. 220 (1956)

Mozino, Appellant, v. Canuso.

Supreme Court of Pennsylvania.

February 6, 1956.

Attorney(s) appearing for the Case

Edmund B. Spaeth, Jr., with him MacCoy, Evans & Lewis, for appellant.

W. Bradley Ward, for appellees.

Before STERN, C.J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, February 6, 1956:

The plaintiff sued in assumpsit to recover damages for the defendant partnership's alleged breach of an oral contract whereby the partnership was permitted to dig and remove fill from land of the plaintiff at so much per cubic yard with the further understanding and agreement that any rock encountered in the operation would be removed by the defendants and that the digging would be done in such a manner that, when completed...

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