Jost Jost v. Kurtz Kurtz

Opinion by

Gawthrop, J.,

Plaintiffs brought an action of assumpsit to recover an alleged balance due on a written contract for the fur nishing and installation of a vapor heating system in defendants’ building, and also to recover the value of labor and material furnished under an oral contract. the statement of claim averred performance by plaintiffs and acceptance by defendants. the affidavit of defense denied both performance and acceptance. the written contract provided that when the beating plant was completed plaintiffs should test it in the presence of the architect and prove it tight…