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J.A. & W.A. HESS, INC. v. HAZLE TP.

484 Pa. 628 (1979)

400 A.2d 1277

J.A. & W.A. HESS, INC., Appellant, v. HAZLE TOWNSHIP, Appellee.

Supreme Court of Pennsylvania.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Frank D. Llewellyn, Summit Hill, George I. Puhak, Hazleton, for appellant.

Thomas L. Kennedy, Hazleton, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

MANDERINO, Justice.

This appeal results from an action in assumpsit brought by appellant, J.A. & W.A. Hess, Inc., (Hess), against appellee, Hazle Township. Appellant alleged that it had not been paid for over 6,000 tons of gravel delivered to the appellee and used in the construction of township roads during August, September, and October of 1966. The complaint alleged that payment for the gravel in the amount of $23,528.75, plus...

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