Shenk v. McKennan
Superior Court of Pennsylvania
Appeal, No. 147, April T., 1899, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1897, No. 534, on verdict for defendants. Opinion by W. W. Porter, J. Rice, P. J., and Orlady, J., dissent. Assumpsit.
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Appeal, No. 147, April T., 1899, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1897, No. 534, on verdict for defendants. Opinion by W. W. Porter, J. Rice, P. J., and Orlady, J., dissent. Assumpsit. Before McClung, J. It appears from the evidence that the plaintiff and defendants entered into a contract whereby the plaintiff agreed to do certain excavation and stone work necessary to build the westerly wall of the defendants down to the depth of the foundations of a new building to be erected by the Lincoln Hotel Company, and to do the necessary shoring and bracing for…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The plaintiff’s claim is founded upon the letter of August 7, 1896, by which the defendant club accepted the plaintiff’s proposition to rebuild the westerly wall of the club house for $750 “ including all shoring and bracing that may be required, to the extent that the club may be legally liable therefor, and with the distinct understanding however that if under the building *88law the club is not liable for the payment for this work, then you seek payment therefor elsewhere than from the club.”
The work was done. The defendant now claims that under the law it is…
2Cases cited5 opinions
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
- Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
- Opening of Ruan StreetSupreme Court of Pennsylvania · 1890
- Van Loon v. EngleSupreme Court of Pennsylvania · 1895
- Cunningham v. Fourth Baptist ChurchSupreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Beltz v. PittsburgSuperior Court of Pennsylvania · 1904