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BUILDERS SANITARY SEWERS v. TAMAQUA BOROUGH AUTHORITY AND GANNETT (05/11/82)

submitted: May 11, 1982.

BUILDERS OF SANITARY SEWERS, INC.
v.
TAMAQUA BOROUGH AUTHORITY AND GANNETT, FLEMING, CORDDRY AND CARPENTER, INC. APPEAL OF TAMAQUA BOROUGH AUTHORITY



No. 1678 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Schuykill County, Civil Action, Law, at No. S-1312 November Term, 1974.

COUNSEL

Thomas J. Nickels, Pottsville, for appellant.

Pasco L. Schiavo, Hazelton, for Builders of Sanitary Sewers, appellee.

John B. Lieberman, III, Mahanoy City, for Gannett etc., appellee.

Cavanaugh, Cirillo and Hoffman, JJ.

Author: Per Curiam

[ 307 Pa. Super. Page 460]

Appellant contends that the lower court erred in (1) finding that appellee had not breached its contract with appellant; and (2) dismissing its counterclaim. We are unable to reach the merits of appellant's contentions, however,

[ 307 Pa. Super. Page 461]

    because the lower court has failed to address them in its opinion below. Accordingly, we must remand.

On January 8, 1974, appellant contracted with appellee, Builders of Sanitary Sewers, Inc. (BOSS) for construction and installation of a water main in Schuylkill County. A dispute arose during construction and appellant, with its engineer, Gannett, Fleming, Corddry and Carpenter, Inc. (Engineer), ordered BOSS off the job. Another contractor completed the work. BOSS sued appellant and Engineer, prompting a counterclaim by appellant. After a non-jury trial, the lower court awarded BOSS an $18,322 verdict against appellant, dismissed appellant's counterclaim, and granted a non-suit in favor of Engineer. Appellant then filed the following post-trial motions:

1. The Court erred in that the verdict is against the weight and credibility of the evidence.

2. The Court erred in that [BOSS] breached its contract with the borough of Tamaqua ...


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