Banks Engineering, Co., Inc. v. Michael Polons and Denise Polons, his wife (Concurring And Dissenting Opinion)
Annotate this Case
Download PDF
[J-157-98] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT BANKS ENGINEERING CO., INC. v. MICHAEL POLONS AND DENISE POLONS, HIS WIFE APPEAL OF: MICHAEL POLONS : : : : : : : : : : : : 5 W.D. Appeal Dkt. 1998 Appeal from the Order of the Superior Court dated July 16, 1997 at No. 1959 PGH 1996, affirming the judgment of the Court of Common Pleas of Westmoreland County dated October 3, 1996 at Civil Division No. 4936 of 1994 ARGUED: September 15, 1998 CONCURRING AND DISSENTING OPINION MR. JUSTICE SAYLOR DECIDED: JUNE 23, 2000 I agree with the majority that Snellenberg should be overturned, and, in its place, I would adopt the presumption against liability on the part of sales agents for the return of past advances. Since, in this case, I find no clear contractual expression to the contrary, nor sufficient evidence of contrary mutual intent, I would permit such presumption to carry. Mr. Chief Justice Flaherty joins this concurring opinion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
