MONTGOMERY v. LEVY


406 Pa. 547 (1962)

Montgomery, Appellant, v. Levy.

Supreme Court of Pennsylvania.

March 13, 1962.


Attorney(s) appearing for the Case

Robert H. Arronson, with him Herbert H. Hadra and Maurice Freedman, for appellant.

Nochem S. Winnet, with him Franklin A. Wurman, Charles M. Solomon, and Fox, Rothschild, O'Brien & Frankel, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE EAGEN, March 13, 1962:

This is an appeal from the action of the court below in sustaining preliminary objections in the nature of a demurrer to plaintiff's complaint in an action of assumpsit, and in entering judgment for the defendant.

Plaintiff is a builder; defendant, a registered architect. Plaintiff alleged that he entered into a written contract with the City of Philadelphia to erect and furnish all of the labor and material necessary...

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