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FENESTRA INC. v. JOHN McSHAIN, INC.

433 Pa. 137 (1969)

Fenestra Incorporated, Appellant, v. John McShain, Inc.

Supreme Court of Pennsylvania.

January 15, 1969.

Attorney(s) appearing for the Case

Joseph J. Brown, with him Ralph S. Croskey, and Brown, Brown & Wieland, for appellant.

Harold E. Kohn, with him David Pittinsky, Vincent P. McDevitt, and Dilworth, Paxson, Kalish, Kohn & Levy, for appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, January 15, 1969:

This is an appeal from the judgment entered after a verdict in the Court of Common Pleas No. 5 of Philadelphia County. Appellant, Fenestra, Incorporated (Fenestra) brought an action in assumpsit seeking recovery of $19,414.72, the balance of the purchase price due for windows in a building constructed by appellee, John McShain, Inc. (McShain). Appellee admitted the allegations of the complaint, but counterclaimed for...

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