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NUSIDE METAL PROD., INC. v. EAZOR EXP., INC.

189 Pa.Super. 593 (1959)

Nuside Metal Products, Inc. v. Eazor Express, Inc., Appellant.

Superior Court of Pennsylvania.

June 10, 1959.

Attorney(s) appearing for the Case

Philip E. Brockway, with him Chauncey E. Brockway, and Brockway and Brockway, for appellant.

William J. Joyce, with him Martin E. Cusick, and Weisen, Cusick, Madden, Joyce, Acker and McKay, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY WRIGHT, J., June 10, 1959:

Nuside Metal Products instituted an action in assumpsit against Eazor Express to recover the purchase price of two shipments of steel delivered to the defendant by the plaintiff under c.o.d. agreements. Defendant filed a motion for judgment on the pleadings which was denied. The case was tried before Judge McKAY without a jury, and an adjudication was subsequently entered ordering the entry of judgment in favor of the plaintiff...

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