Coco Bros. v. Board of Public Education

OPINION

McDERMOTT, Justice.

This appeal comes to us pursuant to a grant of allocatur. The underlying action was instituted in September, 1987, by appellant Coco Brothers, Inc. (Coco) as a petition to enforce a judgment against a school district pursuant to 24 P.S. § 6-611. 1 In response, appellee, the Board of Public Edu cation of the School District of Pittsburgh (the Board), in its Answer and New Matter, asserted a statutory right of set-off under 53 P.S. § 7232-35. 2 The trial judge (then Judge, now Justice Cappy) based on the pleadings 3 and argument of counsel, ruled in favor of the Board,…