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MORSE BOULGER DESTRUCTOR COMPANY v. ARNONI (01/11/54)

January 11, 1954

MORSE BOULGER DESTRUCTOR COMPANY
v.
ARNONI, APPELLANT



Appeals, Nos. 93, 108 and 109, March T., 1953, from order of Court of Common Pleas of Allegheny County, April T., 1949, No. 2134, in case of Morse Boulger Destructor Company v. Mariano C. Arnoni and Caesar P. Arnoni, trading as M. C. Arnoni and Sons. Order affirmed.

COUNSEL

John A. Metz, Jr., with him Metz & Metz and Irwin I. Tryon, for appellants.

Louis Artuso, with him B. Meredith Reid, for appellee.

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

Author: Chidsey

[ 376 Pa. Page 58]

OPINION BY MR. JUSTICE CHIDSEY

There are three appeals in this case, the appeal of Mariano C. Arnoni, the appeal of Caesar P. Arnoni, and the joint appeal of Mariano C. Arnoni and Caesar P. Arnoni. All appeals are from the order of the court below granting plaintiff's motion for a new trial after the court directed a verdict in favor of Caesar P. Arnoni and the jury had found a verdict in favor of Mariano C. Arnoni.

In February, 1947, suit was instituted by the plaintiff, a Delaware corporation, against Mariano C. Arnoni and his son, Caesar P. Arnoni, individually and

[ 376 Pa. Page 59]

    as partners trading under the name of M. C. Arnoni and Son.*fn1 In November, 1946, defendant Mariano C. Arnoni retained one John F. Laboon as a consulting engineer for the proposed erection of a garbage and refuse incinerator in Snowden Township, Allegheny County, Pennsylvania. Laboon prepared specifications for the construction of the incinerator, and sent copies thereof to prospective bidders. The plaintiff corporation's bid of $105,600 was embodied in a letter sent by the plaintiff on February 12, 1947 to M. C. Arnoni and Sons. At the bottom of the letter appeared the words "Dated" and "Accepted". Following these words respectively are the date of "Feb. 13, 1947" and the signature of M. C. Arnoni. The letter of February 12th lists certain changes from a sketch previously submitted by plaintiff to defendants, and then provides in the last paragraph: "It is understood and agreed that there are no other changes involved besides those outlined above. The acceptance of this order is contingent upon a mutual agreement as to terms of payment, and the approval of same by the Morse Boulger Destructor Company credit department."

On February 24, 1947 there was another letter from the plaintiff corporation to M. C. Arnoni & Sons which set forth additional modifications. This letter provided in part: "... The modifications as included above shall be considered as a part of the contractual agreement of Feb. 12th as accepted by Mr. Arnoni on behalf of M. C. Arnoni & Sons and J. P. Beacom for the Morse Boulger Destructor Company.... Terms of payment -- 85% of the value of material delivered and work in place, or according to a payment schedule approved by

[ 376 Pa. Page 60]

Mr. Laboon and the final payment to be made within 30 days after the completion of the work of this contract.". At the bottom of ...


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