FRANK B. BOZZO v. ELECTRIC WELD DIVISION


283 Pa.Super. 35 (1980)

423 A.2d 702

FRANK B. BOZZO, INC., a Corporation v. ELECTRIC WELD DIVISION OF the FORT PITT BRIDGE DIVISION OF SPANG INDUSTRIES, INC., a Corporation, Appellant.

Superior Court of Pennsylvania.

Filed April 25, 1980.

Reargument Denied August 4, 1980.

Petition for Allowance of Appeal Denied December 5, 1980.


Attorney(s) appearing for the Case

James H. McConomy, Pittsburgh, for appellant.

Richard S. Dorfzaun, Pittsburgh, for appellee.

Before PRICE, HESTER and CAVANAUGH, JJ.


CAVANAUGH, Judge:

An action in assumpsit was commenced in the court below by Frank B. Bozzo, Inc. (appellee) for an alleged breach of the contract entered into between appellee and Electric Weld Division of the Fort Pitt Bridge Division of Spang Industries, Inc. (appellant) on or about March 14, 1973. Under the contract, appellant was to furnish approximately 120,000 square yards of steel mesh to the appellee for

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