Ward v. Mabro Co.

FEIGUS, J.,

This matter is before the court en banc upon defendant’s motion for judgment on the pleadings. Plaintiffs’ complaint in assumpsit filed on October 24, 1973, makes claim for breach of contract entered into on June 6, 1968, providing for the installation of an oil furnace with blower (equivalent to 125,000 B.T.U. gas), and to provide sufficient heat outlets and cold air outlets to heat every room except the bathroom. The complaint further contains an averment that a furnace producing only 105,000 B.T.U. was installed. Defendant’s answer and new matter contains an admission that a…