WYMARD v. McCLOSKEY & CO.

No. 14598.

342 F.2d 495 (1965)

N. L. WYMARD and George L. Stark, Receivers of Kemmel & Co., Inc., Debtor, v. McCLOSKEY & CO., Inc., Appellant.

United States Court of Appeals Third Circuit.

Reargued September 17, 1964.

Decided March 11, 1965.


Attorney(s) appearing for the Case

J. Dress Pannell, Philadelphia, Pa. (Walter Stein, Lawrence D. Biele, Philadelphia, Pa., on the brief), for appellant.

Edward Cohen, Cohen & Novack, Philadelphia, Pa. (David Rosen, Larrick B. Stapleton, Goff & Rubin, Thomas J. Mullaney, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge; and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.


HASTIE, Circuit Judge.

This plenary action was instituted in the district court by the bankruptcy receivers of a painting contractor to recover agreed compensation for work, originally undertaken under a detailed written contract but allegedly completed under a subsequent agreement that the entire job should be paid for on a cost plus basis. The receivers recovered a judgment for $271,346.37 and the defendant appealed.

On first hearing, only the merits of...

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