MESKER BROS. I. CO. v. BURKE BROS., INC.


425 Pa. 130 (1967)

Mesker Bros. Iron Company v. Burke Brothers, Inc., Appellant.

Supreme Court of Pennsylvania.

April 18, 1967.


Attorney(s) appearing for the Case

Alvin B. Coppolo, with him Driscoll, Gregory & Coppolo, for appellant.

Norbert J. Pontzer, with him Pontzer & Pontzer, for appellee.

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


OPINION PER CURIAM, April 18, 1967:

Burke Brothers, Inc. entered into a contract with the Pennsylvania State Public School Building Authority for the general construction of a new secondary school in Clearfield County, Pennsylvania. Burke then entered into a sub-contract with Mesker Bros. Iron Company to furnish metal windows and window wall construction for the building at a cost of $19,950. Burke paid Mesker only $9,411.94, and Mesker sued for the balance of $10...

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