Lekovicz V, Gobbie

Opinion bt

Keller, J.,

This was an action of assumpsit upon an oral contract relating to the completion of a building operation. It was not a contract for the sale of goods or choses in action, within the purview of the Sales Act of 1915, P. L. 543, and its amendment of April 27, 1925, P. L. 310, but for the construction of a building, to which the furnishing of materials was merely incidental to the main purpose. Hence the provisions of Section 4 of the ¡Sales Act did not apply: York Heating Co. v. Flannery, 87 Pa. Superior Ct. 19, 24.

The action of the court below in setting aside the…