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GARDINER v. PHILA. GAS WORKS

413 Pa. 415 (1964)

Gardiner, Appellant, v. Philadelphia Gas Works.

Supreme Court of Pennsylvania.

January 21, 1964.

Attorney(s) appearing for the Case

Michael Iannuzzi, with him Shein and Berlant, for appellants.

Harold E. Kohn, with him Jacob Kalish, and Dilworth, Paxson, Kalish, Kohn & Dilks, for appellee.

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

OPINION BY MR. JUSTICE JONES, January 21, 1964:

This assumpsit action was instituted by Betty E. Gardiner and Henry G. Gardiner, her husband (Gardiners), in the Court of Common Pleas of Philadelphia County against the Philadelphia Gas Works (Gas Works), for an alleged breach of "agreement, warranty and promise." In their complaint, Gardiners averred a month-to-month oral agreement with the Gas Works for the sale by the latter of gas; that the Gas Works, impliedly...

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