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BARNYAK v. HEADWATERS CONST. CO.

411 Pa. 350 (1963)

Barnyak v. Headwaters Construction Co., Appellant.

Supreme Court of Pennsylvania.

July 2, 1963.

Attorney(s) appearing for the Case

F. Cortez Bell, Jr., with him Bell, Silberblatt & Swoope, for appellant.

Henry A. Morrow, Jr., with him James K. Nevling, and Thorp, Reed & Armstrong, and Nevling & Davis, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, July 2, 1963:

Joseph Barnyak, trading as the Barnyak and Bechtel Construction Company (hereinafter referred to as Barnyak), entered into a contract with the Pennsylvania Department of Highways, in November, 1958, to construct a certain highway in Clearfield and Elk Counties. On February 15, 1959, Barnyak contracted with the Headwaters Construction Company, whereby the latter agreed to supply equipment and move earth, necessitated by...

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