BRANDYWINE A.J. SCH. AUTH. v. VANCOR, INC.


426 Pa. 448 (1967)

Brandywine Area Joint School Authority v. VanCor, Inc., Appellant.

Supreme Court of Pennsylvania.

September 26, 1967.


Attorney(s) appearing for the Case

Jerome Poltenstein, with him Richard Reifsnyder, and MacElree, Platt, Marrone & Harvey, for appellants.

James S. Kilpatrick, Jr., with him Haws and Burke, for appellee.

William H. Lowery, with him Arthur W. Leibold, Jr., and Dechert, Price & Rhoads, for appellee.

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


OPINION BY MR. JUSTICE O'BRIEN, September 26, 1967:

Brandywine Area Joint School Authority filed an action of assumpsit against VanCor, Inc., and its surety, The Aetna Casualty and Surety Company. Brandywine had entered into a construction contract with VanCor, covering the construction of three elementary schools. Contained in the contract was a provision requiring VanCor to remedy any defects, discovered within one year...

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