Pittsburg Iron & Steel Engineering Co. v. National Tube Works Co.
Supreme Court of Pennsylvania
Appeal, No. 145, Oct. T., 1897, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. T., 1895, No. 389, on verdict for plaintiff. Assumpsit on a building contract. Before Porter, J. The facts appear by the opinion of the Supreme Court.
Read the full summary
Appeal, No. 145, Oct. T., 1897, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb. T., 1895, No. 389, on verdict for plaintiff. Assumpsit on a building contract. Before Porter, J. The facts appear by the opinion of the Supreme Court. The charge of the court below was in part as follows : [If this defendant was in default in furnishing the foundations, then it would waive the benefit of this covenant in the contract, unless its failure to furnish the foundations in time was caused by the failure of the plaintiff to furnish the plans within a reasonable time.] [6] If the plaintiff…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
On June 11, 1892, the plaintiff entered into a written contract with defendant to erect a Bessemer steel plant of eight buildings, equipped with all the machinery necessary for the operation of a Bessemer steel pipe manufactory. The defendant agreed to have all building foundations ready for the super*259structures by December 1, 1892, and all other foundations by January 1, 1893. At the date of the contract defendant was operating on part of the same ground an iron pipe plant, employing about 7,000 men. In view of this, and to avoid as much as possible the interruption…
2Cases cited2 opinions
- Lilly v. Person & RiegelSupreme Court of Pennsylvania · 1895
- White v. Braddock Borough School DistrictSupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Universal Builders, Inc. v. Moon Motor Lodge, Inc.Superior Court of Pennsylvania · 1968
- Hartford Electric Applicators of Thermalux, Inc. v. AldenSupreme Court of Connecticut · 1975
- Parish Mfg. Corp. v. Martin-Parry Corp.Supreme Court of Pennsylvania · 1925
- Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1907
- Commonwealth v. W. P. Dickerson & Son, Inc.Commonwealth Court of Pennsylvania · 1979
3 more not listed; retrieve them via the Exa API.