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

895 A.2d 595 (2006)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
P
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

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

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

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

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.

Rule of Law

Issue

Holding and Reasoning (Orie, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 779,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 779,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 779,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms