Legal Opinion

Bryant v. Stilwell

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 11 opinions

ERROR to the Common Pleas of Susquehanna county. This was a scire facias on a mechanic’s lien, in fayor of Negus & Stilwell v. A. Bryant. Plea, payment, with leave, &c. The plaintiffs, being carpenters, by a written contract, dated 5th June, 1852, agreed to build for the defendant a tavern-house, after an annexed plan and specification, which were to be considered a part of the contract; the work and materials to be as described in the specification annexed.

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ERROR to the Common Pleas of Susquehanna county. This was a scire facias on a mechanic’s lien, in fayor of Negus & Stilwell v. A. Bryant. Plea, payment, with leave, &c. The plaintiffs, being carpenters, by a written contract, dated 5th June, 1852, agreed to build for the defendant a tavern-house, after an annexed plan and specification, which were to be considered a part of the contract; the work and materials to be as described in the specification annexed. The consideration was to be $2000, payable in instalments, the last on 1st April, 1853. Credit was given on $1039.90; the claim filed…

1Opinion of the Court

The opinion of the Court was delivered by

Black, J.

This action was on a written agreement, by which the defendant below promised to pay the plaintiffs a certain sum for building a house agreeably to specifications; and a working plan or draft, which are referred to and made part of the contract. The defence is, that the work was not done according to the agreement.

1. The plaintiffs on the trial produced the written contract and the specifications, but they did not produce the plan nor give any legal excuse for its non-production.

The Court permitted a witness to testify that the work had been…

2Cited by11 opinions

  1. Hudson v. HudsonIllinois Supreme Court · 1919
  2. Mannella v. PittsburghSupreme Court of Pennsylvania · 1939
  3. May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
  4. Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
  5. Raab Et Ux. v. BeattySuperior Court of Pennsylvania · 1929

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