Tack v. Augustine

Lyon, J.,

— Before the court for determination is defendants’ motion for judgment on the pleadings.

This action in assumpsit is based upon an oral contract whereby plaintiff performed, in November of 1964, certain excavation work required for the construction of the Pittsburgh Home Savings and Loan Association in Butler, Pa. Plaintiff contends that he is entitled to recover $2,083.13, a sum equal to the reasonable value of his services. In the answer, defendants aver that they owe plaintiff the sum of $700 and contend that this was the firm agreed contract price for the entire work to be…