Williams v. Hirshorn

The opinion of the court was delivered by

Trenchard, J.

The plaintiff below sued to recover the balance 'alleged to be due on his contract with the defendant wherein the plaintiff agreed to make the walls of the defendant’s cellars waterproof, and the latter agreed to pay $50 upon completion, “the balance ($50) to he paid after a rain and a satisfactory test has been made.”

We are of the opinion that the judgment for the plaintiff rendered by the trial judge sitting without a jury must be affirmed.

We think the motion to nonsuit was properly denied and that a jury question was presented at the…