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O'BRIEN v. O'BRIEN S. CONS. CO. et al.

440 Pa. 375 (1970)

O'Brien v. O'Brien Steel Construction Company (et al., Appellants).

Supreme Court of Pennsylvania.

November 12, 1970.

Attorney(s) appearing for the Case

James M. Carter, with him Marjorie H. Matson, for appellants.

Frank C. Carroll, with him McIlvaine & Carroll, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, November 12, 1970:

We are asked in this appeal to reverse a $10,000 judgment for plaintiff in an assumpsit action because of the asserted illegality of the underlying contract.

Plaintiff, William G. O'Brien, Jr., is the brother of defendants Helen, James, John and Joseph O'Brien, and Sue O'Brien Miller. All are children of William and Ada O'Brien, both now deceased. The principal sum was found to be due plaintiff as a third...

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