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CAMBRIA SAV. & LOAN v. ESTATE OF GROSS

294 Pa.Super. 351 (1982)

439 A.2d 1236

CAMBRIA SAVINGS AND LOAN ASSOCIATION v. The ESTATE of Francis L. GROSS, Deceased by Dorothy M. Gross, Administratrix and Dorothy M. Gross, In Her Own Right. v. CONTRACTOR INDUSTRIES AND ACCEPTANCE CORPORATION and Hyman Datz, Individually.

Superior Court of Pennsylvania.

Filed January 14, 1982.

Attorney(s) appearing for the Case

James W. Carroll, Jr., Pittsburgh, for appellant.

Robert C. Riethmuller, Pittsburgh, for Cambria Savings, appellee.

David F. Alpern, Pittsburgh, for Contractor, et al., appellees.

Before PRICE, BROSKY and MONTEMURO, JJ.

MONTEMURO, Judge:

INTRODUCTION

This appeal originated as an assumpsit action filed by plaintiff-appellee Loan Association, which had become the assignee of a contract originally executed by defendants-appellants (purchasers of aluminum siding) and additional defendants (the contractor who installed the improvement).

The court below instructed the jury extensively concerning the possibility of finding the contract a nullity and then finding the value...

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