Harry C. Erb, Inc. v. Shell Construction Co.

Opinion by

Flood, J.,

This appeal is controlled by our decisions in Budde v. Sandler, 204 Pa. Superior Ct. 36, 201 A. 2d 247 (1964) , Fleisher v. Kaufman, 206 Pa. Superior Ct. 378, 212 A. 2d 846 (1965), and Madrid Motor Corporation v. Cashan, 206 Pa. Superior Ct. 383, 213 A. 2d 284 (1965) .

However, the instant case presents an additional issue which we deem advisable to consider here. It has been argued that it is unconstitutional and unfair to apply the rule of Budde and Fleisher retroactively to cases in which appeals were taken prior to the Budde decision. This argument fails because it…