Taber v. Porter-Gildersleeve Co.
Supreme Court of Pennsylvania
Appeal, No. 298, Jan. T., 1921, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1919, No. 306, on verdict for plaintiff, in case of George H. Taber v. Porter-Gildersleeve Go., Inc. Assumpsit for breach of contract. The opinion of the Supreme Court states the case.
Read the full summary
Appeal, No. 298, Jan. T., 1921, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1919, No. 306, on verdict for plaintiff, in case of George H. Taber v. Porter-Gildersleeve Go., Inc. Assumpsit for breach of contract. The opinion of the Supreme Court states the case. At the trial it appeared the contract was dated November 30, 1915, and was to be completed by May 30, 1918. Defendant failed to perform the contract, and the work was completed by the American Dredging Co. A. N. Harris and H. A. McCleman, witnesses for plaintiff, were permitted to testify, under objection and…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Defendant contracted to fill plaintiff’s lot of ground in Philadelphia, but failed to do so. The land was filled by another, and plaintiff recovered the difference between cost and contract price. The real issue in the court below was the existence of a contemporaneous oral *247agreement to take care of the waterways on the ground in connection with the filling. Appellant’s main complaint is now based on the supposed lack of evidence to show plaintiff had paid anything to completé the contract breached by defendant, and that the actual cost of completing was not…
2Cases cited1 opinion
- Snyder v. Bassler Limestone Co.Superior Court of Pennsylvania · 1917
3Cited by9 opinions
- Fairway Builders, Inc. v. Malouf Towers Rental Co.Court of Appeals of Arizona · 1979
- Carl Beasley Ford, Inc. v. Burroughs CorporationDistrict Court, E.D. Pennsylvania · 1973
- Bafile v. Borough of MuncySupreme Court of Pennsylvania · 1991
- Gaylord Builders, Inc. v. Richmond Metal Mfg. Corp.Superior Court of Pennsylvania · 1958
- Brourman v. BovaSuperior Court of Pennsylvania · 1962
4 more not listed; retrieve them via the Exa API.