Nicolella v. Palmer

Opinion by

Mr. Justice O’Brien,

This is an appeal by the plaintiff, Joseph Nicolella, from the grant by the Court of Common Pleas of Washington County of defendant’s motion for judgment on the pleadings.

Appellant, a contractor, brought an action in assumpsit against the owners of a parcel of real estate. The action arose out of a contract calling for appellant to construct an addition to the food market located on that real estate. Appellant sought to recover the sum of $10,653.00 over and above the Avritten contract price of $57,027.00.

For the purposes of this appeal from the grant of a motion…