East Crossroads Center, Inc. v. Mellon-Stuart Co.

Opinion

Per Curiam,

This appeal questions the correctness of an order below sustaining preliminary objections in the nature of a demurrer to an amended complaint in assumpsit.

The action is based upon an alleged breach of a construction contract by the defendant, the Mellon-Stuart Company (contractor), and a breach of the performance bond by the other defendant, the Seaboard Surety Company.

The lower court concluded that from a reading of the contract (i.e., all of the documents comprising it) as a whole, a cost-plus agreement was entered into; that this was the clearly expressed intention of the…