Kann v. Bennett
Supreme Court of Pennsylvania
Appeal, No. 3, Oct. T., 1908, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1903, No. 862, on verdict for plaintiff in case of William L. Kann v. William B. Bennett. Assumpsit by owner against contractor for failure to complete building contract. Before Young, J. The facts are stated in the opinion of the Supreme Court. At the trial the plaintiff offered in evidence a letter signed by his architect.
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Appeal, No. 3, Oct. T., 1908, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1903, No. 862, on verdict for plaintiff in case of William L. Kann v. William B. Bennett. Assumpsit by owner against contractor for failure to complete building contract. Before Young, J. The facts are stated in the opinion of the Supreme Court. At the trial the plaintiff offered in evidence a letter signed by his architect. Mr Bane: We object to the introduction of the letter in evidence for the reason that it is incompetent, irrelevant and immaterial, and for the reason further that it is not…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The defendant in this case entered into a written contract with the plaintiff for the erection of a residence, in accordance with the plans and specifications .of an architect, and under the direction and to the satisfaction of the latter. The plaintiff alleged that the defendant failed to prosecute the work with due diligence, and that he was thereby justified under the terms of the contract in taking the work out of defendant’s hands and finishing it himself. And that having done so, he was entitled to recover the amount necessarily expended by him in excess of…
2Cases cited3 opinions
- Dempsey v. DobsonSupreme Court of Pennsylvania · 1896
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