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CUTLER CORPORATION v. LATSHAW (05/27/53)

May 27, 1953

CUTLER CORPORATION, APPELLANT
v.
LATSHAW



Appeal, No. 112, Jan. T., 1953, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1952, No. 4487, in case of Cutler Corporation v. Jennie M. Latshaw. Order affirmed.

COUNSEL

Leon S. Forman, with him Bennett & Bricklin, Albert L. Bricklin and Milton M. Bennett, for appellant.

Arthur M. Soll, for appellee.

Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.

Author: Musmanno

[ 374 Pa. Page 2]

OPINION BY MR. JUSTICE MUSMANNO

On November 20, 1951, Jennie M. Latshaw contracted in writing to pay the Cutler Corporation the sum of $6,456.00 for certain work to be done and material to be furnished in repairing her premises at 914 S. 49th Street, Philadelphia. Dissatisfied with the manner in which the work was being performed, Miss Latshaw ordered the employes of the plaintiff corporation to cease operation until defects in the work were corrected.

On July 23, 1952, the Cutler Corporation confessed judgment against Miss Latshaw in the sum of $5,238.56 under an alleged warrant of attorney contained in the contract. The defendant petitioned for a rule to show cause why the judgment should not be stricken from the record; the lower court made the rule absolute; and the plaintiff appealed.

The contract consisted of five form sheets carrying certain printed matter. The face of each sheet began with a standardized identification of the parties and

[ 374 Pa. Page 3]

    the designating of the plaintiff and defendant, respectively, as "Contractor" and "buyer."

Then followed in small type the wording: "Upon your acceptance below, you are hereby requested by the undersigned owner of the installation premises, hereinafter called 'Buyer,' to furnish and install the materials shown in the following specifications at the installation premises mentioned below "subject to conditions on reverse side)".

In the middle of the sheet, in large type, appeared the single word: SPECIFICATIONS. Beneath this word, in handwriting, followed a list of the various items of work to be done ...


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