Pennsy Supply, Inc. v. American Ash Recycling Corp. of Pennsylvania

Pennsy Supply, Inc. v. American Ash Recycling Corp. of Pennsylvania

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Contracts 9/8 Bargain Theory of Consideration – Reciprocal Inducement Pennsy Supply, Inc. v. American Ash Recycling Corp., Pa Superior Court, 2006 Facts : Pennsy was a subcontractor charged with building a parking lot for a school district. The contract required it to use certain base aggregates but permitted substitution with a material known as AggRite. The Project Specifications included a notice to bidders of AggRite’s availability at no cost from American Ash. Pennsy got the AggRite from American Ash and it subsequently proved defective. Fixing the problem and disposing of the material which was deemed hazardous waste cost a lot of money. Pennsy is suing American for (a) breach of contract, (b) breach of implied warranty of merchantability, (c) breach of express warranty of merchantability, (d) breach of warranty of fitness for a particular purpose, and (e) promissory estoppel. American filed demurrers and the trial court sustained them. Procedure
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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Pennsy Supply, Inc. v. American Ash Recycling Corp. of Pennsylvania

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