GREENTREE BORO., to use, v. TORTORETE.


205 Pa.Super. 532 (1965)

Greentree Borough, to use, Appellant, v. Tortorete.

Superior Court of Pennsylvania.

June 17, 1965.


Attorney(s) appearing for the Case

Charles Kirshner, with him Rosenberg and Kirshner, for appellant.

Stephen A. Zappala, with him Zappala & Zappala, for appellees.

Before ERVIN, P.J., WRIGHT, WATKINS, JACOBS, and HOFFMAN, JJ. (MONTGOMERY and FLOOD, JJ., absent).


OPINION BY JACOBS, J., June 17, 1965:

The sole issue in this appeal is whether or not the lower court abused its discretion in granting a new trial.

Plaintiff, Castelli Construction Company, Inc., sued on an oral contract under which it had agreed to supply labor and material for defendant, John Tortorete, who was awarded a contract by the Borough of Greentree to perform certain construction work. Defendant, Continental Casualty Company, was surety on Tortorete...

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