Opinion
September 16, 1963.
November 13, 1963.
Contracts — Installation of heating and air-conditioning systems — Performance by plaintiff — Evidence — Questions of fact for jury.
In this case, in which it appeared that plaintiff and defendant entered into a contract wherein plaintiff agreed to furnish and install a heating and an air-conditioning system in defendant's warehouse; that plaintiff's suit was for the balance due on the heating system and for profits on the air-conditioning system which was not installed, and that defendant filed a counterclaim for costs expended to rectify the heating system; that the contract contained a guarantee that the heating system would heat the building to a specified temperature at zero weather; that there was conflicting testimony as to where the unit heaters were to have been located, whether the heating installation was substantially completed on a certain date, and whether or not the system was properly tested as to its efficiency or tested at the right time; that the jury found for defendant in plaintiff's suit, and for plaintiff in defendant's counterclaim; and that the court below, holding that there were issues of material facts and that the jury's verdict was not against the weight of the evidence, dismissed plaintiff's motions for judgment n.o.v. and for a new trial; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 434, Oct. T., 1962, from order of Court of Common Pleas of Lehigh County, June T., 1960, No. 197, in case of Allentown Supply Corporation v. C. Lewis Stryer. Order affirmed.
Same case in court below: 31 Pa. D. C. 2d 723.
Assumpsit and counterclaim by defendant. Before SCHEIRER, J.
Verdicts entered for defendant on action by plaintiff and for plaintiff on defendant's counterclaim; plaintiff's motions for new trial and for judgment n.o.v. dismissed and judgment entered on the verdicts. Plaintiff appealed.
David Freeman, with him Harry P. Creveling, for appellant.
John P. Thomas, with him Walker Walker, for appellee.
Argued September 16, 1963.
The order of the Court of Common Pleas of Lehigh County denying plaintiff's motions for judgment n.o.v. and for a new trial, and entering judgment upon the verdict for the defendant in the plaintiff's suit, and for the plaintiff in the defendant's counterclaim, is affirmed on the opinion of Judge HENRY V. SCHEIRER for the court below at 31 Pa. D. C. 2d 723.