West Penn Power Co. v. Bethlehem Steel Corp.

Opinion by

Spaeth, J.,

This is an appeal from the refusal of a court en banc to remove a compulsory nonsuit and to grant a new trial.1 Appellants brought this action to recover about $7,000,000 as consequential damages for appellee’s alleged breach of contract. Because of the scope of the case (appellants’ evidence took eight weeks to present; the transcript is about 7,000 pages; and many issues have been briefed and argued that we do not find it necessary to discuss), we shall first state, in a general way, the background of the contract, adding later such facts as needed.2

*416 General Background

Ap…