Opinion by
This is an appeal from an order granting a motion for summary judgment.
Appellee’s complaint in assumpsit demanded judgment in the amount of $15,514.42, representing the price
It is not clear whether, or to what extent, the parties acted pursuant to this agreement. It would seem, that had the parties been acting pursuant to the agreement, appellant would have paid for his purchases during the period October 13, 1971, to January 13, 1973, in full, i.e., $15,514.42, and would have further paid 50% of the price of those purchases, or $7,757.21, in partial liquidation of the pre-October debt, thus reducing the debt from $23,030.47 to $15,273.26. Instead what appellant appears to have done is to pay the pre-October debt in full while incurring a new post-October debt.
However appellant may have regarded his payments, he cannot complain now. The summary judgment is for the post-October debt, which appellant admits is the reasonable price for chocolates received and accepted by him. Even if the agreement is to be understood as
One other matter should be mentioned. Appellant has also pleaded that “[t]he parties had agreed that defendant [appellant] was to receive a discount of 5% on all merchandise purchased. Defendant is therefore entitled to a credit of 5% of $23,030.47 or $1,151.52.” In response, appellee admitted that appellant was entitled to a 5% discount on all purchases if payment was made within thirty days of delivery, “which [appellant] at all times failed to do.” Appellant contends that from such pleading an issue of fact arose, so that summary judgment should not have been entered. However, assuming an issue, it was not before the lower court, for the complaint and the motion for summary judgment were directed only to the post-October debt of $15,514.42 and not to the pre-October debt of $23,-030.47.
The order of the lower court is affirmed.
