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HEAT & POWER CORP. v. FOUST DIST. CO.

378 Pa. 133 (1954)

Heat and Power Corporation v. Foust Distilling Company, Appellant.

Supreme Court of Pennsylvania.

June 28, 1954.

Attorney(s) appearing for the Case

Arthur Markowitz, with him Markowitz, Liverant, Boyle & Rahauser, for appellant.

William H. Kain, with him Kain, Kain & Kain, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 28, 1954:

The Heat and Power Corporation, plaintiff in this case, entered into a contract with the Foust Distilling Company, the defendant, for a "New Boiler Installation" at the Glen Rock Distillery of the defendant company. In a letter from the plaintiff to the defendant dated December 21, 1945, the plaintiff outlined what it would supply and install. In a letter from the defendant to the plaintiff dated August 27, 1946, the...

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