Alcove's, Inc. v. Pehr

Opinion by

Mr. Justice Frantz.

Alcove’s, Inc. contracted with Pehr and his associates (hereinafter referred to as the “owners”) to install tile floor covering in a building owned by the latter. Subsequent failure of both the tile to adhere and the owners to pay has led to the present controversy.

Two conflicting claims were presented to the court below: first, Alcove’s brought suit for the price of materials and their installation under its contracts with Pehr; second, the owners counterclaimed for damages said to flow, in the first instance, from breach of implied warranty of fitness for use,…