Schnader v. Schnader
Supreme Court of Pennsylvania
Error to the Common Pleas'of Lancaster county. This was an action of assumpsit, in which Michael Schnader claimed to recover from William' Schnader on a quantum meruit, for the carpenter work of a house. In 1852, Michael Schnader entered into a contract with William Schnader, to do for him the carpenter work of a house, which the latter was building, for the sum of $80, payable half in cash and the balance in lime.
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Error to the Common Pleas'of Lancaster county. This was an action of assumpsit, in which Michael Schnader claimed to recover from William' Schnader on a quantum meruit, for the carpenter work of a house. In 1852, Michael Schnader entered into a contract with William Schnader, to do for him the carpenter work of a house, which the latter was building, for the sum of $80, payable half in cash and the balance in lime. In 1853, after the work was finished, the parties met and attempted to settle; including the lime, the plaintiff had received on the work the sum of $79.90, but claimed allowance…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The whole difficulty of this case grows out of a false presentment of it. Though it is very evident that nearly all this work was done for William Schnader, by Michael Schnader, on a special contract, yet nothing of this appears in the evidence in chief, given by the plaintiff to the jury. If it had appeared, then the admission of the plaintiff’s book entries would have been improper: 10 Watts 249; 4 W. & Ser. 290; 5 Id. 384. But *387book entries are evidence of work and labour done where there is no special contract, and at the time when they…
2Cases cited1 opinion
- Lonergan v. WhiteheadSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Zion v. Sentry Safety Control Corp.Court of Appeals for the Third Circuit · 1958
- Pringle v. Neff, Exctx.Superior Court of Pennsylvania · 1933
- McBride v. Davis, Pennsylvania Court of Common Pleas, Delaware County1972
- Peter P. Zion and Leonard A. Green, Formerly Co-Partners Trading as Peter P. Zion-Leonard A. Green v. Sentry Safety Control Corporation. Peter P. Zion, David F. Kaliner and Leonard A. Green, Formerly Co-Partners Trading as Zion, Kaliner and Green v. Sentry Safety Control CorporationCourt of Appeals for the Third Circuit · 1958