A.J. ABERMAN, INC. v. FUNK BLDG. CORP.


278 Pa.Super. 385 (1980)

420 A.2d 594

A.J. ABERMAN, INC., Crescent Realty & Investment Company, and Garber Inc., Appellants, v. FUNK BUILDING CORPORATION, v. GENERAL ROOFING COMPANY and Koppers Company, Inc.

Superior Court of Pennsylvania.

Filed June 6, 1980.


Attorney(s) appearing for the Case

David R. Levin, Pittsburgh, for appellants.

Charles Means, Pittsburgh, for Funk Bldg. Corp., appellee.

Loyal H. Gregg, Pittsburgh, for General Roofing Co., appellee.

Gerald Hutton, Pittsburgh, for Koppers Co., Inc., appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


SPAETH, Judge:

This is an appeal from an order refusing to take off a compulsory nonsuit. The issue is whether the lower court correctly ruled that appellants' action was barred by the statute of limitations.

In 1964, appellee Funk Building Corporation entered into a written contract with appellants for the construction of a shopping center. The contract provided for the installation of a twenty year bonded roof.1 Funk subcontracted...

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