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BOOK METALS v. SITKIN SMELTING, ETC.

254 Pa.Super. 21 (1978)

385 A.2d 504

BOOK METALS CORPORATION v. SITKIN SMELTING & REFINING, INC. (successor to Sitkin Metal Trading, Inc.), Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.

Attorney(s) appearing for the Case

John C. Howett, Jr., Harrisburg, with him Richard M. Mohler, Lewistown, for appellant.

R.L. Gingrich, Lewistown, with him Albert Houck, Lewistown, for appellee.

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

SPAETH, Judge:

This is an appeal from summary judgment.

Book Metals Corp. sued Sitkin Smelting & Refining Co. for failure to pay in full for some scrap metal sold by Book to Sitkin in September, 1973. Book alleged that the balance due was $22,600. Sitkin in its answer and counterclaim admitted the balance due but claimed a setoff of $22,200 which Sitkin alleged arose in early 1973, when a check for that amount given by Book to Sitkin in payment of a debt...

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