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COX v. CAETI ET AL. (03/19/70)

decided: March 19, 1970.

COX
v.
CAETI ET AL., APPELLANTS



Appeals from order and judgment of Court of Common Pleas of Cambria County, June T., 1969, No. 356, in case of Frank Cox v. Frank Caeti et al., t/a Johnstown Builders et al.

COUNSEL

Francis J. Leahey, Jr., with him Englehart, Creany, Englehart & Leahey, for appellants.

Blair V. Pawlowski, for appellant.

Robert S. Glass, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring and Dissenting Opinion by Hoffman, J. Cercone, J., joins in this concurring and dissenting opinion. Spaulding, J., dissents.

Author: Per Curiam

[ 216 Pa. Super. Page 215]

Order and judgment affirmed.

Disposition

Order and judgment affirmed.

Concurring and Dissenting Opinion by Hoffman, J.:

This action in trespass was instituted in the Court of Common Pleas of Cambria County by Frank Cox against Frank Caeti and Leonard Pizzillo, t/a Johnstown Builders, and Michael Filippelli. The facts in the case may be summarized as follows: Johnstown Builders, a home improvement company, was engaged in remodeling a home in Cambria County. Filippelli, who conducted his own business in Pittsburgh, was engaged by Johnstown Builders to install a type of stone known as "Catalina Stone" upon certain portions of the home. The installation of the stone constituted only a small portion of the remodeling work which was being conducted by Johnstown. The work

[ 216 Pa. Super. Page 216]

    for which Filippelli was engaged was completed in approximately ...


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