Nusbaum v. Warwick Hotel Co.

Opinion by

James, J.,

This is an action of assumpsit by Lee Nusbaum, trading as Pennsylvania Engineering Company, against the Warwick Hotel Company, now changed to 1701 Locust Hotel Company, to recover $765 for labor and materials furnished in a new building located at 1709 Locust Street, Philadelphia, known as the Warwick Annex. The owner of the premises was 1709 Locust Street Corporation. The Warwick Hotel Company operated the Warwick Hotel and proposed to operate the annex.

Plaintiff’s statement averred that the work was done in pursuance of an agreement with the duly authorized agent of…