Jagco Inc. v. Donald & Domenic Mente Partnership

STALLONE, J.,

This is a breach of contract action arising out of the construction by the appellant, Jagco Inc., of an automobile dealership building for the appellee, Donald and Domenic Mente Partnership, in Maxatawny Township. Jagco commenced this action by filing a complaint to which the partnership filed an answer and new matter. In its new matter, the partnership averred that it had a right to a setoff against any recovery by Jagco on its underlying claim against the partnership. Jagco filed a reply to the partnership’s new matter.

On January 26, 2000, the partnership filed a motion for…