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BATTLE ET AL. v. MANKO ET UX. (03/16/54)

March 16, 1954

BATTLE ET AL.
v.
MANKO ET UX.



COUNSEL

Francis Taptich, Pittsburgh, for appellants.

Carmen R. Capone, Parker, Evashwick & Brieger, Pittsburgh, for appellee.

Before Rhodes, P. J., and Reno, Ross, Gunther, Wright and Woodside, JJ.

Author: Woodside

[ 175 Pa. Super. Page 222]

WOODSIDE, Judge.

This is an appeal from the refusal of the Court of Common Pleas of Allegheny County to grant a new trial.

James A. Battle and Daniel F. Battle, plaintiffs, issued a writ of scire facias against George Manko and Maryann Manko, his wife, sur Mechanic's Lien, to recover the amount of $2009.91, with interest from December 3, 1948, alleged to be due the plaintiffs who

[ 175 Pa. Super. Page 223]

    were engaged by the defendants to erect a dwelling house.

The defendants filed an affidavit of defense denying liability in the amount claimed for work done and materials furnished in the erection and construction of the building on their premises, alleging that the work done and the materials furnished were inferior in quality. They also denied liability for any extras.

By way of counterclaim the defendants demanded $2500 from the plaintiffs -- claiming that this amount was expended by them in correcting poor workmanship and the use of inferior materials by the plaintiffs.

On June 5, 1952, after four days of trial, the jury returned a verdict in favor of the plaintiffs in the sum of $1939, finding affirmatively that the defendants had illegally broken their contract.

On June 16, 1952, the defendants filed a motion for a new trial setting forth the stereotyped reasons that the verdict was against the law, the evidence, and the charge of the Court. They also alleged that the judge erred in refusing to affirm two of defendants' points for ...


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