Vecellio v. Bopst

Kenna, Judge:

This is an action in assumpsit brought in the Circuit Court of Mercer County by Oscar Vecellio against John H. Bopst, Jr., trading and doing business as Industrial Piping & Engineering Company, the amount sued for being forty-five thousand dollars. Defendant being a resident of Baltimore, Maryland, an attachment was issued with which we are not here concerned. The declaration contains the common counts and in addition thereto a special count based upon a written contract set forth in extenso. The defendant filed a special plea setting up the plaintiff’s abandonment of his…