John Conti Co., Inc. v. Donovan

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from a judgment n. o. v. entered in favor of John P. Donovan, defendant, after John Conti Co., Inc., a Pennsylvania corporation, had recovered a verdict against him for $22,042.40 with interest from June 17, 1946 to May 14, 1947 in an action of assumpsit.

Plaintiff instituted its action to recover, payment for work, labor and materials furnished under a sub contract to defendant (the latter being the general contractor for the erection of St. Elizabeth’s, Church, Wilmington, Delaware), with a profit of ten percent on the balance of the work…