WM. C. Hamilton & Son v. Hart
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 139 July Term, 1888, Sup. Ct.; court below, No. 94 June Term 1886, C. P. Action of debt brought on May 17, 1886, by Jobn D. Hart against William C. Hamilton and Charles L. Hamilton, trading as Wm. C. Hamilton & Son, upon an award of an architect, made under a building contract under seal between the parties to the suit.
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ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 139 July Term, 1888, Sup. Ct.; court below, No. 94 June Term 1886, C. P. Action of debt brought on May 17, 1886, by Jobn D. Hart against William C. Hamilton and Charles L. Hamilton, trading as Wm. C. Hamilton & Son, upon an award of an architect, made under a building contract under seal between the parties to the suit. The contract provided for certain alterations and additions to the Iiamiltons’ paper mills, to be made by Hart who was a builder, and contained, inter alia, the following stipulations: “ First. The work shall be done…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The assignments of error are very numerous, but it is not necessary to notice them in detail, as there is a fatal defect in the cause of action.
The parties entered into sealed articles of agreement for making extensions and repairs to plaintiffs in error’s paper mills. The agreement contained, inter alia, the following stipulations:
“ Third. The architect shall have power to reject and remove (in ease the said Hart refuse so to do) any materials and workmanship which, in his judgment, are unsuitable for the work, and to substitute suitable materials and…
2Cases cited2 opinions
- Hostetter v. City of PittsburghSupreme Court of Pennsylvania · 1884
- Hamilton v. HartSupreme Court of Pennsylvania · 1885
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