RO-MED CONST. CO. v. CLYDE M. BARTLEY


270 Pa.Super. 420 (1979)

411 A.2d 790

RO-MED CONSTRUCTION COMPANY, INC., Appellant, v. CLYDE M. BARTLEY CO., INC., and Clyde M. Bartley, Individually.

Superior Court of Pennsylvania.

Filed October 12, 1979.


Attorney(s) appearing for the Case

Charles W. Garbett, Ellwood City, for appellant.

George H. Hancher, Zelienople, for appellees.

Before PRICE, HESTER and MONTGOMERY, JJ.


HESTER, Judge:

Presently before the court is an appeal from the lower court's order granting summary judgment in favor of appellee.

We do not agree. We reverse and remand for proceedings consistent with this opinion.

The facts are as follows: Appellant instituted the within action in assumpsit seeking damages as a result of an alleged breach of an oral contract entered into on or about July 28, 1971 between the parties. Under the terms of said contract...

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