Hillbrook Apartments, Inc. v. Nyce Crete Co.

Opinion by

Spaeth, J.,

Appellant, Hillbrook Apartments, Inc.,1 instituted suit *569in assumpsit as assignee of a contract for the installation of concrete floor systems in six apartment buildings belonging to plaintiff. The complaint alleged that the floors were improperly and poorly installed by appellee, Nyce Crete Company. Appellee moved for judgment on the pleadings on the ground that appellant did not have standing to enforce the underlying contract. After argument before a court en banc, the motion was granted. This appeal followed.

The underlying contract was executed on October 23, 1962, and…