HANKEY EXCAVATING CO. v. TRAYLOR


330 Pa.Super. 147 (1984)

479 A.2d 6

HANKEY EXCAVATING COMPANY v. Mr. and Mrs. Paul TRAYLOR, Appellants.

Supreme Court of Pennsylvania.

Filed July 27, 1984.


Attorney(s) appearing for the Case

Jerry B. Landis, Pittsburgh, for appellants.

James A. Taylor, Butler, for appellee.

Before SPAETH, President Judge, and BROSKY and MONTGOMERY, JJ.


MONTGOMERY, Judge:

The Appellants, Mr. and Mrs. Traylor, file the instant appeal from an order of the lower court dismissing certain exceptions filed by the Appellants as untimely and entering judgment for the Appellee, Hankey Excavating Company. For the reasons explained below, we will remand this case for further proceedings.

The record shows that on December 17, 1979, the Appellee filed a complaint in assumpsit alleging that pursuant to an agreement, the...

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