BEN CONST. CO. v. DUQUESNE SAN. AUTH.


424 Pa. 40 (1967)

Ben Construction Company, Appellant, v. Duquesne Sanitary Authority, Appellant.

Supreme Court of Pennsylvania.

January 20, 1967.


Attorney(s) appearing for the Case

Raymond G. Hasley, with him Harold R. Schmidt, and Rose, Schmidt and Dixon, for plaintiff.

David M. Harrison, with him Michael H. Kowallis, and Harrison & Louik, for defendant.

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


OPINION BY MR. JUSTICE EAGEN, January 20, 1967:

In 1963, the Sanitary Authority of the City of Duquesne, Allegheny County (Authority) awarded the Ben Construction Company (Ben) a written contract for the construction of certain intercepting sewers. A dispute arose as to the total amount due Ben for performance.

By agreement of the parties, the issue proceeded to arbitration under the Act of April 25, 1927, P.L. 381, 5 P.S. § 161 et seq. The arbitrators...

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