Patterson v. Delaware County

Opinion

Per Curiam,

Plaintiff took this appeal from the Order of the Court below which sustained defendant’s preliminary objections in the nature of a demurrer and dismissed plaintiff’s complaint in assumpsit.

The present controversy arose out of a written contract entered into on May 4, 1959, between plaintiff and the County of Delaware. Under the contract plaintiff was to rent excavating equipment and operators to defendant on a unit basis. The rental unit prices were specified at both daily and weekly rates. The contract provided, inter alia: “The Rental Periods on this Proposal are estimated…