Pennsy Supply, Inc. v. American Ash. Pennsylvania Superior Court 2006 Facts: Pennsy was subcontracted to pave the driveway and parking lot for a construction project. The specifications of the contract stated that Pennsy could use AggRite. AggRite was free from American Ash. Pennsy contacted them and stated they would need 11,000 tons and American Ash agreed and gave it to them. Pennsy completed the work in December 2001. The payment started cracking in February 2002. Pennsy was noticed to remedy the work and Pennsy did remedy the work in summer of 2003 at no cost. The cost required to dispose of the AggRite led Pennsy to seek remedy from American Ash but they declined to do so. Arguments: Pennsy argues that the defendants breached a contract, breached a warranty, breached an express of warranty, breach of warrant of fitness for a particular purpose, and promissory estoppel. The defendants claim they did not breach a contract because there was no agreement that they would cover the costs. Procedural History: Pennsy files suit against American Ash. American Ash requests a demurrer and is granted it by the trial court. Pennsy files an appeal of demurrer. Issue: Was the AggRite conditional gift or a contract? Judgment: The trial court reverses the decision for the demurrer and remands the trial back to the trial court for further proceedings. Holding: American Ash created a consideration to supply Pennsy with the material for free by trying to eliminate the disposal costs. This created a detriment to Pennsy and a benefit to American Ash. If the allegations are true then a consideration was formed and so was a contract.