Johnson v. Martignetti

By this action of assumpsit the plaintiff seeks to recover the cost of filling a cellar hole on his property in Bethlehem which he alleges the defendant had agreed to fill, provided the plaintiff allowed a third party to whom the defendant had sold certain salvageable materials to first remove them from the cellar hole. There was evidence that the defendant had originally acquired title to the materials from the prior owner of the real estate in consideration of the defendant’s agreement to fill the cellar hole. Trial by jury before Johnson, J., resulted in a verdict for the plaintiff.…