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E. I. DU PONT DE NEMOURS & COMPANY v. BERM STUDIOS (12/14/67)

decided: December 14, 1967.

E. I. DU PONT DE NEMOURS & COMPANY, INC., APPELLANT,
v.
BERM STUDIOS, INC.



Appeal from judgment of Court of Common Pleas of Delaware County, No. 13671 of 1964, in case of E. I. du Pont de Nemours & Company, Inc. v. Berm Studios, Inc.

COUNSEL

Max W. Gibbs, for appellant.

R. Winfield Baile, with him Baile, Thompson & Shea, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Watkins, J.

Author: Watkins

[ 211 Pa. Super. Page 353]

This appeal is from the judgment of the Court of Common Pleas of Delaware County entered for the defendant.

[ 211 Pa. Super. Page 354]

The case was tried before a judge without a jury. The judge, after the trial, made the following findings of fact: (1) The claim is based upon a written contract; (2) The plaintiff has not shown its right to recover; (3) The defendant is not liable; and (4) The defendant is entitled to a verdict. The court then entered a verdict for the defendant, after exceptions to the findings of fact were argued, judgment was entered for defendant and plaintiff filed this appeal.

Appellate review of the record of a trial before a judge without a jury is limited to a determination of whether the findings of fact of the court below are supported by competent evidence and whether or not the lower court committed error of law.

The pertinent facts of this case appear to be as follows: The defendant, Berm Studios, Inc., the appellee, is a corporation engaged in the business of designing and constructing industrial exhibits.

On March 14, 1963, the plaintiff and defendant entered into a written agreement whereby defendant was to design and construct an exhibit for the appellant to use at the 1963 Knitting Arts Exposition which was held at Convention Hall, Atlantic City, New Jersey. In pursuance of this agreement components of an exhibit which were in the possession of du Pont, at its warehouse in Delaware, were sent to the appellee's place of business. Appellee reconstructed the parts, making whatever changes were necessary for the new exhibit to be placed in Convention Hall. Under the terms of the contract the appellee was to transport the exhibit to Atlantic City, erect it at the place leased by the appellant in Convention Hall, and after the exposition ended, to dismantle the exhibit, wrap or crate it and arrange for its transportation back to appellant's warehouse in Delaware. Paragraph 21 of the agreement set forth the following: As agreed, we will assume responsibility for electrical requirements, drayage in and

[ 211 Pa. Super. Page 355]

    out, floral arrangements and telephone rental. The charges for these services will be billed accordingly and an estimate of ...


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