Chester City Presbyterian Church v. Conlin
Superior Court of Pennsylvania
Appeal, No. 19, Oct. T., 1898, by defendant, from judgment of C. P. Delaware Co., June T., 1896, No. 2, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit. Before Clayton, P. J. It appears from the record that this was an action of assumpsit to recover against a surety for the faithful performance of a contract for the erection of an addition to the church building of the plaintiff. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 19, Oct. T., 1898, by defendant, from judgment of C. P. Delaware Co., June T., 1896, No. 2, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit. Before Clayton, P. J. It appears from the record that this was an action of assumpsit to recover against a surety for the faithful performance of a contract for the erection of an addition to the church building of the plaintiff. The facts sufficiently appear in the opinion of the court. At the trial the court declined the following points presented by defendant: [1. As the defendant agreed to become liable as surety only for…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The defendant became surety for the faithful performance by William D. Smith, of a contract for the erection of an addition to the church building of the plaintiff. Smith became financially embarrassed after the building was partially completed and two payments had been made by plaintiff in accordance with the terms of the contract, and the plaintiff, upon becoming aware of that fact, subsequently paid out money upon the contract only for work and materials necessary to complete the building and actually entering into the construction, upon bills approved by and…
2Cases cited12 opinions
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Searight's EstateSupreme Court of Pennsylvania · 1894
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
- Miller v. HersheySupreme Court of Pennsylvania · 1868
- Martin v. FrantzSupreme Court of Pennsylvania · 1889
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3Cited by4 opinions
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- Shively v. McDonnellSupreme Court of Pennsylvania · 1932
- Smith v. SmithSuperior Court of Pennsylvania · 1908
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1902