GALLIZZI v. SCAVO


406 Pa. 629 (1962)

Gallizzi v. Scavo, Appellant.

Supreme Court of Pennsylvania.

March 20, 1962.


Attorney(s) appearing for the Case

Joseph E. Gallagher, with him Herman E. Cardoni, and O'Malley, Morgan, Bour & Gallagher, for appellants.

E.C. Marianelli, for appellees.

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


OPINION PER CURIAM, March 20, 1962:

The cause of action in this case began as a mechanic's lien proceeding but, by agreement of the parties, was tried as an action of assumpsit so that the defendants could plead a counterclaim. The plaintiff's claim was for $23,000, the defendants' counterclaim for $5,200.

The jury rejected the defendants' counterclaim and returned a verdict in favor of the plaintiff in the sum of $19,000 for labor performed and equipment...

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