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RISSI v. CAPPELLA

918 A.2d 131 (2007)

Pasquale A. RISSI, Appellant v. Michael CAPPELLA and West Butler Enterprises, Inc., Appellees.

Superior Court of Pennsylvania.

Filed February 21, 2007.

Attorney(s) appearing for the Case

Martin N. Ghen, Doylestown, for appellant.

David J. Juall, Durham, for appellee.

BEFORE: BENDER, BOWES, JJ. and McEWEN, P.J.E.

OPINION BY BENDER, J.:

¶ 1 Pasquale A. Rissi (Appellant) appeals from the judgment entered in favor of Michael Cappella (Appellee) at the conclusion of an action to partition the assets of West Butler Enterprises, Inc. (WBE). Appellant claims that the trial court erred in concluding that a contract implied in fact did not exist. We agree, and therefore, we vacate the judgment and grant Appellant a new trial.

¶ 2 This action was commenced by Appellant...

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