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KEYSTONE DIESEL E. CO., INC. v. IRWIN

411 Pa. 222 (1963)

Keystone Diesel Engine Company, Inc. v. Irwin, Appellant.

Supreme Court of Pennsylvania.

June 4, 1963.

Attorney(s) appearing for the Case

William J. Krzton, with him Lee L. Leonard, for appellant.

William C. Robinson, with him Henninger & Robinson, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, June 4, 1963:

This is an appeal from the order of the court below striking off a counterclaim filed in an action of assumpsit.

The plaintiff, Keystone Diesel Engine Company, Inc. (Keystone), is a dealer in diesel engines, and the defendant, Floyd T. Irwin (Irwin), operates tractor-trailers as a contract carrier. Sometime prior to July 1960, Keystone sold Irwin a diesel engine for approximately $3000 which was subsequently installed...

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