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HOWARTH et ux. v. GILMAN et al.

365 Pa. 50 (1950)

Howarth et ux., Appellants, v. Gilman et al.

Supreme Court of Pennsylvania.

Reargued January 12, 1950.

May 22, 1950.

Attorney(s) appearing for the Case

Thomas Raeburn White, with him C. Laurence Cushmore, Jr. and White, Williams & Scott, for appellants.

Robert K. Greenfield, with him Thomas F. Devine and Sundheim, Folz, Kamsler & Goodis, for appellees.

Elmer T. Bolla, Deputy Attorney General, with him T. McKeen Chidsey, Attorney General, for Commonwealth, intervening appellee.

John Y. Scott, for Pennsylvania Society of Professional Engineers, amicus curiæ.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.

OPINION BY MR. CHIEF JUSTICE DREW, May 22, 1950:

This action in assumpsit was brought by John A. Howarth and Jennifer Howarth, trading as Howarth and Company, to recover from George H. Gilman, Martin Gilman and Alexander Brown, trading as Gilman Manufacturing Company, the sum of $1,733.13, allegedly due under two oral contracts in accordance with which Howarth and Company prepared plans and drawings for a clothes hamper and rendered engineering advice concerning the...

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