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E. CROSSROADS C., INC. v. MELLON-STUART CO.

416 Pa. 229 (1965)

East Crossroads Center, Inc., Appellant, v. Mellon-Stuart Company.

Supreme Court of Pennsylvania.

January 5, 1965.

Attorney(s) appearing for the Case

James E. McLaughlin, with him Joseph S. Schuchert, Jr., and McArdle, Harrington, Feeney and McLaughlin, and Porsche, Schuchert & Sapp, for appellant.

Judd N. Poffinberger, Jr., with him Nathan K. Parker, Jr., and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellee.

James M. McCandless, for insurance company, appellee.

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

OPINION PER CURIAM, January 5, 1965:

This appeal questions the correctness of an order below sustaining preliminary objections in the nature of a demurrer to an amended complaint in assumpsit.

The action is based upon an alleged breach of a construction contract by the defendant, the Mellon-Stuart Company (contractor), and a breach of the performance bond by the other defendant, the Seaboard Surety Company.

The lower court concluded that from a reading...

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