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Acme Markets, Inc. v. Federal Armored Express, Inc.

648 A.2d 1218 (1994)

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Acme Markets, Inc. v. Federal Armored Express, Inc.

Pennsylvania Superior Court

648 A.2d 1218 (1994)

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Facts

Acme Markets, Inc. (Acme) (plaintiff) contracted for armored car service by Federal Armored Express, Inc. (Federal) (defendant). The contract was amended to include repayment of “service-related losses.” Specifically, the fifth paragraph of the contract stated that Federal was responsible for cash bags from the time the bags were “accepted and receipted for” by Federal employees. Acme sued for breach of contract to recover money lost when a Federal employee was robbed. Federal first claimed that its employee had not accepted or receipted for the bag, but later admitted that an employee had accepted the bag. Acme moved for summary judgment. Since no receipt was issued, Federal also moved for summary judgment. The trial court found the receipt requirement was a condition precedent to Federal’s obligation and granted Federal’s motion. Acme appealed to the Superior Court of Pennsylvania.

Rule of Law

Issue

Holding and Reasoning (Hester, J.)

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