Bernheisel v. Smothers
Superior Court of Pennsylvania
Appeal, No. 44, March T., 1897, by defendants, from judgment of C. P. Dauphin Co., March T., 1896, No. 176, on verdict for plaintiff. Sci. fa. sur mechanic’s hen. Before McPherson, J. It appeared from the record and the evidence that this proceeding arose on a scire facias sur mechanic’s hen to recover the balance of $1,325.32, claimed to be due by the plaintiff for services as architect in connection with the erection of a church building, the property of the defendants.
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Appeal, No. 44, March T., 1897, by defendants, from judgment of C. P. Dauphin Co., March T., 1896, No. 176, on verdict for plaintiff. Sci. fa. sur mechanic’s hen. Before McPherson, J. It appeared from the record and the evidence that this proceeding arose on a scire facias sur mechanic’s hen to recover the balance of $1,325.32, claimed to be due by the plaintiff for services as architect in connection with the erection of a church building, the property of the defendants. In the bill of particulars, attached to the hen, the first item charged was the sum of $500 “ for architectural services,…
1Opinion of the Court
Opinion by
Rice, P. J.,
Whether or not there was an oral contract whereby the plaintiff was to receive a per diem compensation for services to be rendered beyond and outside the services stipulated for in his written contract was a question of fact. There was testimony on both sides, and, although, as the learned trial judge well says, the witnesses for the defendants were more numerous than those for the plaintiff, the value of their testimony was necessarily impaired by the significant fact, that, if (as they agreed in testifying) there was no such additional contract, the defendants had paid…
2Cited by8 opinions
- Ott v. DuPlan Silk Corp.Supreme Court of Pennsylvania · 1921
- City of York v. MillerSupreme Court of Pennsylvania · 1916
- Allentown v. AckermanSuperior Court of Pennsylvania · 1908
- Moss & Blakeley Plumbing Co. v. SchauerSuperior Court of Pennsylvania · 1942
- Favo v. MerlotSuperior Court of Pennsylvania · 1928
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