SCHOOL DIST. OF PHILA. v. FRAMLAU CORP.

Nos. 1373 and 1390 C.D. 1973.

15 Pa.Commw. 621 (1974)

School District of Philadelphia, Appellant, v. Framlau Corporation, Appellee. Framlau Corporation, Appellant, v. School District of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

December 5, 1974.


Attorney(s) appearing for the Case

Martin Horowitz, for School District of Philadelphia.

Stephen R. Bolden, with him Fell, Spaulding, Goff & Rubin, for Framlau Corporation.

Argued October 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.


OPINION BY JUDGE MENCER, December 5, 1974:

Even in this day of widespread cynicism, we, influenced by necessity and practicality, proceed ahead, in nearly every area of our daily lives, on the basis of reasonable assumptions. Such assumptions carry inherent risks that, in any given situation, what nearly always happens will not occur. After excluding death and taxes, we soon come to realize that the unexpected happens with sufficient frequency to rule out the notion...

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