BENDIK v. SOMMER BROS. CON. CO., INC.


205 Pa.Super. 1 (1964)

Bendik et al., Appellants, v. Sommer Bros. Construction Co., Inc. et al., Appellants.

Superior Court of Pennsylvania.

December 16, 1964.


Attorney(s) appearing for the Case

Herman M. Buck, with him Ray, Buck & John, for plaintiffs.

Henry R. Beeson, for defendants.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., December 16, 1964:

This is a suit to recover a balance due on a building contract plus some items for extra work. All parties have appealed. The principal amount due under the contract by the defendants to the plaintiff, as determined by the jury and modified by the court below, is not under attack in these appeals.

The plaintiff's appeal raises the correctness of the allowance of a set-off by the court below covering expenses, including...

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