Waugh v. Shunk
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was an action of assumpsit, brought in the Common Pleas of Armstrong county, by Shunk v. Waugh and others, as partners. The writ was served on Waugh only. The declaration contained the common counts for work and labour done and performed, money laid out and expended, &c. Pleas, non assumpsit and payment with leave, &c. Rep. non solvit issue, &c.
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Error to the Common Pleas of Armstrong county. This was an action of assumpsit, brought in the Common Pleas of Armstrong county, by Shunk v. Waugh and others, as partners. The writ was served on Waugh only. The declaration contained the common counts for work and labour done and performed, money laid out and expended, &c. Pleas, non assumpsit and payment with leave, &c. Rep. non solvit issue, &c. The plaintiff’s claim was for services rendered the defendants in 1846, as manager in the erection of a blast furnace in Mercer county, for the manufacture of pig metal by the use of raw bituminous…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
The defendant in error brought this action of assumpsit to recover compensation for services rendered the defendants (now plaintiffs in error), in 1846 as manager in the erection of a blast furnace in Mercer county, for the manufacture of pig metal by the use of raw bituminous coal.
The defence set up was that the work was so unskilfully done that it did not answer the purpose designed, and that a portion of it had to be taken down, altered, or rebuilt, at a great delay and expense to the defendants.
Evidence having been given on the one…
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- Carpenter, E. v. Master RemodelersSuperior Court of Pennsylvania · 2017
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