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METZ CONTRACTING v. BOXER HEIGHTS

261 Pa.Super. 177 (1978)

395 A.2d 1373

METZ CONTRACTING, INC., Appellant, v. BOXER HEIGHTS, INC., Appellee.

Superior Court of Pennsylvania.

Decided December 20, 1978.

Attorney(s) appearing for the Case

Gary P. Hunt, Pittsburgh, for appellant.

John H. Neely, Pittsburgh, for appellee.

Before CERCONE, HOFFMAN and WIEAND, JJ.

WIEAND, Judge:

Metz Contracting, Inc. instituted an action in assumpsit to recover a balance allegedly due for labor performed and materials supplied in making improvements to three separate tracts of land owned by Boxer Heights, Inc. The owner filed an answer containing a series of counterclaims. The action was tried without jury and resulted in a decision in favor of the owner for $1,975.1 Exceptions filed by the

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