Keystone Diesel E. Co., Inc. v. Irwin

Opinion by

Mr. Justice Eagen,

This is an appeal from the order of the court below striking off a counterclaim filed in an action of assumpsit.

The plaintiff, Keystone Diesel Engine Company, Inc. (Keystone), is a dealer in diesel engines, and the defendant, Floyd T. Irwin (Irwin), operates tractor-trailers as a contract carrier. Sometime prior to July 1960, Keystone sold Irwin a diesel engine for approximately $3000 which was subsequently installed in a tractor. The engine did not function properly and the plaintiff Keystone performed certain modifications and repairs to the engine at its own…