U. S. Baird Corp. v. G. G. Greene Manufacturing Co.

WOLFE, P. J.,

This is an assumpsit action containing three counts.

In the first count, plaintiff demands $7,427.18 against both defendants; the second count claims $1,075.53 against defendant Wire and Metal Specialties, and the third, $19,818.93 against defendant Wire and Metal Specialties.

The second and third counts were settled by the parties for $13,346.69.

The case was heard nonjury and is now ready for decision.

At the pretrial conference, both parties agreed, due to a novation in settlement of counts two and three, the actual amount claimed by plaintiff in count one is now $11,700,…