MARTINDALE LUMBER CO. v. TRUSCH


452 Pa.Super. 250 (1996)

681 A.2d 803

MARTINDALE LUMBER COMPANY, A Partnership v. Larry C. TRUSCH and Bonnie J. Trusch, his Wife, Appellants.

Superior Court of Pennsylvania.

Filed July 30, 1996.


Attorney(s) appearing for the Case

Michael Sossong, Ebensburg, for appellants.

Bruce F. McKenrick, Ebensburg, for appellee.

Before POPOVICH, EAKIN and HESTER, JJ.


HESTER, Judge:

Larry C. and Bonnie J. Trusch appeal following a trial court's decision to hold them liable to appellee, Martindale Lumber Company, for breach of contract. The court awarded appellee $99,265.90 in damages plus prejudgment interest. We reverse.

Appellee instituted this action by filing a complaint wherein appellee pleaded specifically that the action was a "civil action — in equity...

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