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EMPORIUM AREA JOINT SCHOOL AUTHORITY v. ANUNDSON CONSTRUCTION AND BUILDING SUPPLY COMPANY (12/01/60)

December 1, 1960

EMPORIUM AREA JOINT SCHOOL AUTHORITY
v.
ANUNDSON CONSTRUCTION AND BUILDING SUPPLY COMPANY, APPELLANT. ANUNDSON CONSTRUCTION AND BUILDING SUPPLY COMPANY, APPELLANT, V. EMPORIUM AREA JOINT SCHOOL AUTHORITY.



Appeals, Nos. 48 and 49, Jan. T., 1961, from judgment of Superior Court, Oct. T., 1959, No. 275, affirming decree of Court of Common Pleas of Cameron County, May T., 1958, No. 32, in case of Emporium Area Joint School Authority v. Anundson Construction and Building Supply Company, and Feb. T., 1958, No. 41, in case of Anundson Construction and Building Supply Co. v. Emporium Area Joint School Authority. Judgment reversed; reargument refused January 5, 1961.

COUNSEL

C. Henry Nicholson, for appellant.

Edwin W. Tompkins, with him Tompkins & Tompkins, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Cohen

[ 402 Pa. Page 83]

OPINION BY MR. JUSTICE COHEN.

This is an appeal from the judgment of the Superior Court sustaining the decree of the Court of Common Pleas of Cameron County which modified an award of arbitration and denied respondent's petition to confirm the award.

Petitioner, Emporium Area Joint School Authority, and respondent, Anundson Construction and Building Supply Company, entered into a contract for the construction of a school building. Respondent submitted its final claim for the work which included specific items under the contract and an additional list of claims for other items totaling $180,731.42. Petitioner admitted the specific items and additional charges amounting to $500.60, but denied the remaining claims and refused to make payment. Respondent demanded arbitration under the provisions of the contract. The matter was submitted to a board of arbitration which awarded the defendant the sum of $42,095.

A copy of the award was delivered to each of the parties on December 10, 1957. On April 11, 1958, respondent filed its application for confirmation of the award. On July 3, 1958, the petitioner filed its petition to modify or vacate the award. Argument was had before the court on both proceedings and the court below entered a decree modifying the award and denying recovery for all but the admitted claims.

Respondent appealed to this Court which remitted the case to the Superior Court. The Superior Court filed an opinion confirming the decree of the court of common pleas. This Court allowed an appeal.

We are of the opinion that both the court of common pleas and the Superior Court erred in not dismissing

[ 402 Pa. Page 84]

    the petition filed on July 3, 1958, to modify or vacate an arbitration award delivered to the ...


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