J. A. & W. A. Hess, Inc. v. Hazle Township

Opinion by

Judge Crumlish, Jr.,

In tbe case now before ns, onr Supreme Court has remanded the appeal of J. A. & W. A. Hess, Inc. (Hess) to us for a determination of three specific issues not addressed in our initial opinion in this matter, J. A. & W. A. Hess, Inc. v. Hazle Township, 9 Pa. Commonwealth Ct. 409, 305 A.2d 404 (1973).

Specifically, we have been asked to decide the following:

1. Whether Hess can properly assert a quasi-contractual (quantum meruit) recovery against Hazle Township (Township) in light of its delivery to Township of quantities of gravel in excess of a stated contractual…