No. 1539 April Term, 1978, Appeal from an Order, dated November 2, 1978 of the Court of Common Pleas, Civil Action, Law, of Allegheny County at Nos. GD75-19945.
John R. Banke, Pittsburgh, for appellant.
Richard W. Gladstone, II, Pittsburgh, for The Stanley Works, appellee.
John C. Unkovic, Pittsburgh, for United Parcel Service, appellee.
Price, Cavanaugh and Watkins, JJ.
[ 275 Pa. Super. Page 277]
On August 27, 1975, appellant commenced an Action in Trespass against United Parcel Service, Inc. and The Stanley Works.*fn1 The Complaint alleged that appellant delivered
[ 275 Pa. Super. Page 278]
to Stanley "a copy of various patterns and tools inventive in nature" and that Stanley "never returned said patterns and tools." Appellant sought damages in excess of $10,000.
In its answer, Stanley Works stated "it is averred that The Stanley Works received said patterns and tools upon the condition expressly agreed to by the plaintiff corporation that The Stanley Works not be responsible for the safe arrival, handling, or return of said patterns and tools." It is undisputed that the patterns and tools were not returned to appellant. The pivotal question is whether Stanley Works' responsibility in shipping the tools and patterns back to appellant was limited to $250, the amount of the insurance to be placed on the goods.
On November 23, 1976, depositions were taken by counsel for Stanley Works of two representatives of appellant, Herman A. Myers and John P. Ross. The following is excerpted from Mr. Ross' deposition:
Q. Is it possible that in this telephone conversation the representatives of Stanley Works advised you that the maximum insurance allowable is $250.00?
A. He told me they would be insured.
Q. Mr. Ross, is it possible that in this conversation you had with the Stanley Works representative that the Stanley Works representative advised you that the maximum insurance allowable is $250.00?
[ 275 Pa. Super. Page 99]
A. Because I didn't get any specific figures. I don't remember any specific figures. I remember his stating that they would ...