CURCIO v. DILUZIO


245 Pa.Super. 578 (1977)

369 A.2d 778

Sam CURCIO, Appellant, v. Herbert DILUZIO t/a DiLuzio's Grocery.

Superior Court of Pennsylvania.

Decided February 18, 1977.


Attorney(s) appearing for the Case

Allen S. Kellerman, Philadelphia, for appellant.

C. Norwood Wherry, Media, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


VAN der VOORT, Judge:

This is an action in assumpsit filed by appellant for $1,278.49 and interest pursuant to an oral agreement for merchandise, primarily delicatessen staples, sold and delivered to appellee DiLuzio.

Appellee filed preliminary objections to appellant's complaint following which appellant filed an amended complaint attaching as exhibits some 59 sales slips and memoranda of transactions between appellant and appellee. Appellee again filed preliminary...

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