Paterson v. Blaisdell
Supreme Court of Pennsylvania
Appeal, No. 372, Jan. T., 1895, by defendants, from judgment of C. P. Potter Co., June T., 1892, No. 117, on verdict for plaintiffs. Scire facias sur mechanics lien for material sold and delivered. Before Olmsted, P. J. At the trial defendants claimed that defective materials had been furnished for the roof, and they also claimed that store fronts furnished bjr plaintiffs were of poor quality.
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Appeal, No. 372, Jan. T., 1895, by defendants, from judgment of C. P. Potter Co., June T., 1892, No. 117, on verdict for plaintiffs. Scire facias sur mechanics lien for material sold and delivered. Before Olmsted, P. J. At the trial defendants claimed that defective materials had been furnished for the roof, and they also claimed that store fronts furnished bjr plaintiffs were of poor quality. The substance of the evidence relating to the store fronts and the subject-matter in dispute are stated in the opinion of the Supreme Court. The court charged in part as follows : “ The defendants…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The action in the common pleas was to recover the balance claimed to be due for building materials furnished. The single assignment of error relates to the instruction in the charge as to one item of claim. Frames alleged to have been defective in material were furnished for store fronts. Their acceptance under the contract was not insisted upon by the plaintiffs, but they were placed in the building by the defendants under an agreement made by the parties at the time. The controversy related to the terms of this agreement. The plaintiffs’ contention at the trial…
2Cited by1 opinion
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