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BRANNA CONST. C. v. W. ALLEG. JT. SCH. AUTH.

414 Pa. 251 (1964)

Branna Construction Corporation v. West Allegheny Joint School Authority, Appellant.

Supreme Court of Pennsylvania.

April 21, 1964.

Attorney(s) appearing for the Case

Louis Vaira, with him John M. Shane, H.A. Robinson, and Dickie, McCamey, Chilcote & Robinson, for appellants.

John A. Metz, Jr., with him Jacob A. Markel, and Metz, Cook, Hanna & Kelly, and Markel, Markel, Levenson & Fischer, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, April 21, 1964:

These are appeals by two defendants from an order below, refusing their motion for judgment on the pleadings in an action of assumpsit, in which each filed an answer and new matter to which the plaintiff filed a reply. The motion for judgment is based on the alleged inadequacy of the reply to an affirmative defense set forth under new matter in the answers.

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