Fay v. Moore
Supreme Court of Pennsylvania
Appeal, No. 379, Jan. T,, 1917, by defendant, from judgment of C. P. No. 3, Phila-' delphia Co., Dec. T., 1905, No. 906, on verdict for plaintiff, in case of Ella M. Fay, Administratrix of the Estate of Edward Fay,' Deceased, v. James S. Moore. Assumpsit for balance alleged to be due plaintiff’s decedent under a building contract. Before McMichael, P. J. The opinion of the Supreme Court states the facts, Yerdict for plaintiff for $1,793.94 and judgment thereon.
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Appeal, No. 379, Jan. T,, 1917, by defendant, from judgment of C. P. No. 3, Phila-' delphia Co., Dec. T., 1905, No. 906, on verdict for plaintiff, in case of Ella M. Fay, Administratrix of the Estate of Edward Fay,' Deceased, v. James S. Moore. Assumpsit for balance alleged to be due plaintiff’s decedent under a building contract. Before McMichael, P. J. The opinion of the Supreme Court states the facts, Yerdict for plaintiff for $1,793.94 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a judgment for-defendant, refusing to enter judgment n. o. v., rulings…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff, a contractor, sues to recover from the owner a balance alleged to be due under a contract for the erection of a building. The defense is that plaintiff failed to complete the work in accordance with the specifications whereby defendant was obliged .to take possession of the building and finish it- at an expense beyond the contract price. Plaintiff having died while the action was pending, his wife was substituted on the record as administratrix of his estate. The case has been tried three times, the result of the last, trial being a verdict .and…
2Cases cited4 opinions
- Morgan v. GambleSupreme Court of Pennsylvania · 1911
- United States Telegraph Co. v. WengerSupreme Court of Pennsylvania · 1867
- Pittsburg Terra-Cotta Lumber Co. v. SharpSupreme Court of Pennsylvania · 1899
- Raff v. IsmanSupreme Court of Pennsylvania · 1912
3Cited by4 opinions
- United States v. San PedroDistrict Court, S.D. Florida · 1991
- Zimmerman v. MarymorSupreme Court of Pennsylvania · 1927
- Warner Co. v. North City Trust Co.Supreme Court of Pennsylvania · 1933
- Evans, Inc. v. School District of Township of DarbySuperior Court of Pennsylvania · 1932