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VERONA CONST. CO. v. L. MERION TWP.

413 Pa. 619 (1964)

Verona Construction Co., Inc. v. Lower Merion Township, Appellant.

Supreme Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

Edmund B. Spaeth, Jr., with him John E. Forsythe, Township Solicitor, and Wright, Spencer, Manning & Sagendorph, for appellant.

Justin G. Duryea, with him Duryea & Kuen, for appellee.

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

OPINION PER CURIAM, March 17, 1964:

The Verona Construction Co., Inc., instituted an action of assumpsit against Lower Merion Township in Montgomery County, to recover a balance claimed to be due as the result of the construction of branch and intercepting sewers and a force main line for the township. Verona collected 90% of the money for the work it performed. Payment of the remaining 10% was withheld by the defendant township on the basis that because of deficiencies...

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