J. A. & W. A. Hess, Inc. v. Hazle Township

OPINION OF THE COURT

MANDERINO, Justice.

This appeal results from an action in assumpsit brought by appellant, J. A. & W. A. Hess, Inc., (Hess), against appellee, Hazle Township. Appellant alleged that it had not been paid for over 6,000 tons of gravel delivered to the appellee and used in the construction of township roads during August, September, and October of 1966. The complaint alleged that payment for the gravel in the amount of $23,528.75, plus interest, was due under an agreement existing between appellant and the appellee. Alternatively, the appellant sought recovery on a…