ALLENTOWN SUPPLY CORP., Aplnt. v. STRYER

Contracts — Installation of heating and air-conditioning systems — Performance by plaintiff — Evidence — Questions of fact for jury.

In this case, in which it appeared that plaintiff and defendant entered into a contract wherein plaintiff agreed to furnish and install a heating and an air-conditioning system in defendant's warehouse; that plaintiff's suit was for the balance due on the heating system and for profits on the air-conditioning system which was not installed, and that defendant filed a counterclaim for costs expended to rectify the heating system; that the contract contained a guarantee that the heating system would heat the building to a specified temperature at zero weather; that there was conflicting testimony as to where the unit heaters were to have been located, whether the heating installation was substantially completed on a certain date, and whether or not the system was properly tested as to its efficiency or tested at the right time; that the jury found for defendant in plaintiff's suit, and for plaintiff in defendant's counterclaim; and that the court below, holding that there were issues of material facts and that the jury's verdict was not against the weight of the evidence, dismissed plaintiff's motions for judgment n.o.v. and for a new trial; it was Held that the judgment of the court below should be affirmed.

Argued September 16, 1963.