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

Superior Court of Pennsylvania
895 A.2d 595 (2006)


Facts

Pennsy Supply, Inc. (Pennsy) (plaintiff) entered into a contract to pave driveways and a parking lot for Northern York High School. Pennsy was required to use a base aggregate, which could be AggRite. Pennsy was notified that American Ash Recycling Corp. of Pennsylvania (American Ash) (defendant) would supply AggRite for free. By supplying the AggRite to Pennsy, American Ash avoided paying costs for the disposal of the AggRite. Pennsy collected the AggRite from American Ash and completed the paving project. After a year, the pavement developed defects due to the AggRite. Pennsy requested that American Ash remove and dispose of the AggRite, but American Ash refused. Pennsy filed suit. American Ash filed demurrers. The trial court sustained the demurrers, finding that the contract lacked consideration, and dismissed the complaint. Pennsy appealed to the Superior Court of Pennsylvania.

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Issue

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Holding and Reasoning (Orie, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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