Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of United Plate Glass Company, Division of Chromalloy American Corporation v. Metal Trims Industries, Inc. and the Travelers Insurance Company, No. GD82-12931.
Charles E. Bobinis, Bernstein and Bernstein, P.C., for appellant.
David Andrew Scott, Thorp, Reed & Armstrong, for appellee.
Judges Craig and Doyle, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Craig.
[ 106 Pa. Commw. Page 24]
The United Plate Glass Company (UPG) appeals from an order of the Court of Common Pleas of Allegheny County entering judgment in favor of Metal Trims Industries (MTI) and the Travelers Indemnity Company (Travelers) in an assumpsit action. We affirm in part and reverse in part.*fn1
On July 6, 1977, MTI entered into an agreement with the Frank Briscoe Company, a general construction contractor, concerning the Pittsburgh Convention-Exposition Center project. Under that agreement, MTI promised to furnish labor and materials for the installation of all exterior window walls and entrance doors. On November 21, 1978, UPG subcontracted with MTI to furnish labor and materials for a portion of the glass installation required for the facility.
The parties agree that UPG rendered full performance under its agreement with MTI in a timely manner.*fn2 This case involves UPG's claim to an unpaid balance due under the MTI-UPG contract totaling $41,541.22.
On July 6, 1982, UPG filed a complaint in assumpsit in the court of common pleas against Travelers,*fn3 as
[ 106 Pa. Commw. Page 25]
surety for Briscoe, and MTI. After a non-jury trial, the trial judge decided in favor of MTI and Travelers, dismissed UPG's exceptions and entered judgment accordingly.
The trial judge rendered a decision in favor of MTI on the ground that the conditions precedent to UPG's right to receive final payment, under the terms of the ...