GEE v. EBERLE


279 Pa.Super. 101 (1980)

420 A.2d 1050

Frederic M. GEE, Sherwin-Williams Co., Fingerlakes Glass Corporation, Peskin Sign Company, Temple & Peffer, Unloading Corporation, J. Screed, Inc., Leva Bros. Tile & Marble Co., Inc., Mancini & Klimchuck Co., Inc., Enjem's, Inc., Appellants, v. Edward R. EBERLE, Charles Elin, Robert G. Guempel, William W. Hagerty, George M. Johnson, James C. Kellogg, III, John S. Roberts, Sefton Stallard, and W. Paul Stillman, Trustees of Hamilton Investment Trust, and Dan Handler, Stanford Freeman, Mercury Construction Corporation and Mercury Properties of Pennsylvania, Inc. Frederic M. GEE, Sherwin Williams Co., Fingerlakes Glass Corporation, Peskin Sign Company, Temple & Peffer, Unloading Corporation, J. Screed, Inc., Leva Bros. Tile & Marble Co., Inc., Mancini & Klimchuck Co., Inc., Enjem's, Inc., Excel Lighting Products, R.S.E., Inc., d/b/a Wellsboro Asphalt Company, Contractors Equipment Rental, Inc., Rosenthal Chadwick, Inc., Chapel Lumber Co., Rupert Heichel, v. Edward R. EBERLE, Charles Elin, Robert G. Guempel, William W. Hagerty, George M. Johnson, James C. Kellogg, III, John S. Roberts, Sefton Stallard, and W. Paul Stillman, Trustees of Hamilton Investment Trust, and Dan Handler, Sanford Freeman, Mercury Construction Corporation and Mercury Properties of Pennsylvania, Inc. Appeal of R.S.E., INC., d/b/a Wellsboro Asphalt Company.

Superior Court of Pennsylvania.

Filed May 9, 1980.


Attorney(s) appearing for the Case

Thomas A. Beckley, Harrisburg, for appellants.

William A. Hebe, Wellsboro, for appellees.

Before SPAETH, STRANAHAN and SUGERMAN, JJ.


SPAETH, Judge:

This is an appeal from an order denying any recovery by unpaid subcontractors against an owner. The subcontractors claim that they are entitled to recovery because the owner, by accepting their work, has been unjustly enriched.

On May 16, 1974, appellees Sanford Freeman and Daniel Handler executed a mortgage in favor of Hamilton Investment Trust, the trustees of which are also appellees...

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