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BRANN & STUART CO. v. CON. SUN RAY, INC.

433 Pa. 574 (1969)

Brann & Stuart Company v. Consolidated Sun Ray, Incorporated, Appellant.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

Morris Wolf, with him Michael L. Temin, and Wolf, Block, Schorr and Solis-Cohen, for appellant.

William F. Scheid, Jr., for appellee.

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

OPINION BY MR. JUSTICE COHEN, April 23, 1969:

On January 31, 1961 Brann & Stuart, appellee, filed a mechanic's lien against Consolidated Sun Ray, Inc., appellant. Appellee claimed a balance allegedly due pursuant to an oral and written contract with appellant for labor and material furnished in the construction of a warehouse.

On June 21, 1961, appellee issued a sci. fa. Pretrial motions occasioned five...

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