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PITTSBURGH METAL LITHOGRAPHING COMPANY v. SOVEREIGN CORPORATION (11/11/71)

decided: November 11, 1971.

PITTSBURGH METAL LITHOGRAPHING COMPANY, INC., APPELLANT,
v.
SOVEREIGN CORPORATION



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1970, No. 4423, in case of Pittsburgh Metal Lithographing Company, Inc. v. Sovereign Corporation.

COUNSEL

G. W. Wilde, for appellant.

Murray S. Levin, with him K. Robert Conrad and John B. H. Carter, for appellee.

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

Author: Watkins

[ 220 Pa. Super. Page 219]

This is an appeal by the Pittsburgh Metal Lithographing Company, Inc., the plaintiff-appellant, from

[ 220 Pa. Super. Page 220]

    the order of the Court of Common Pleas, Civil Division, of Philadelphia County, which granted the demurrer of Sovereign Corporation and National Can Corporation, the defendant-appellees, to that part of its complaint that set forth an oral agreement.

Appellant's complaint stated that appellant and appellee entered into a lease agreement in June, 1967, for 14,000 square feet area adjoining appellant's manufacturing building. The lease was to extend for a term of ten years for the rental stated therein. Also, alleged is that the appellant and appellee entered into a verbal agreement whereby appellant would furnish all of the needs of the appellee in regard to lacquered plate for use in appellee's business; that the appellant pursuant to the lease agreement and the oral contract constructed the additional space required by appellee and purchased and installed additional equipment needed to produce the lacquered plate for appellee; that appellee assigned its interest in the lease to National Can Corporation which then discontinued all operations on the leased premises and discontinued purchasing lacquered plate from the appellant.

The appellees filed preliminary objections to the complaint in the form of a demurrer to the alleged oral contract, contending that the oral contract fell within the Statute of Frauds in that it was a contract for the sale of personalty in excess of $500.00, and therefore, was required to have been in writing under the provisions of the Pennsylvania Uniform Commercial Code, 12A ยง 2201. The preliminary objections also requested more specific pleadings on the part of the appellant as to interference with the manufacturing operations of the appellant in violation of the lease and also as to special damages claimed by the appellant.

After argument, the court below entered the following order:

[ 220 Pa. Super. Page ...


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