DONOVAN v. R.W. REXFORD CO., INC.


418 Pa. 376 (1965)

Donovan, Appellant, v. R.W. Rexford Co., Inc.

Supreme Court of Pennsylvania.

June 30, 1965.


Attorney(s) appearing for the Case

William J. Toy, with him Walter B. Gibbons, for appellant.

George A. D'Angelo, with him Geoffrey J. Cunniff, for appellee.

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


OPINION BY MR. JUSTICE ROBERTS, June 30, 1965:

Plaintiff-appellant appeals from an order of the court below directing the submission to arbitration of a dispute arising out of a contract under which plaintiff constructed a certain building for defendant.

Although plaintiff has completed the building and has received the final architect's certificate, defendant has not made final payment for the work. Plaintiff brought an action of assumpsit below seeking to...

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