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A.B. & F. CON. CORP. v. MATTHEWS COAL CO.

194 Pa.Super. 271 (1960)

A.B. & F. Contracting Corporation, Appellant, v. Matthews Coal Company, Inc.

Superior Court of Pennsylvania.

December 14, 1960.

Attorney(s) appearing for the Case

Joseph P. Work, with him Smith, Smith & Work, for appellant.

John B. Gates, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, WATKINS, and MONTGOMERY, JJ. (ERVIN, J., absent).

OPINION BY WRIGHT, J., December 14, 1960:

This is an appeal from an order of the Court of Common Pleas of Clearfield County striking off a judgment entered by A.B. & F. Contracting Corporation against Matthews Coal Company, Inc. The factual situation and the respective legal contentions are set forth in the following excerpt from the opinion below:

"The plaintiff and defendant entered into an agreement dated May 8, 1952, in which the plaintiff was designated...

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