Texter v. Wachs
Superior Court of Pennsylvania
Appeal, No. 105, April T., 1919, by defendant, from judgment of C. P. Lawrence Co., March T., 1911, No. 83, on verdict for plaintiff in case of H. S. Texter and H. N. Texter, partners trading and doing business under the firm name and style of H. S. Texter & Son, v. A. H. Wachs. Assumpsit on a building contract. Before Emery, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,469.18 and judgment thereon. Defendant appealed.
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Appeal, No. 105, April T., 1919, by defendant, from judgment of C. P. Lawrence Co., March T., 1911, No. 83, on verdict for plaintiff in case of H. S. Texter and H. N. Texter, partners trading and doing business under the firm name and style of H. S. Texter & Son, v. A. H. Wachs. Assumpsit on a building contract. Before Emery, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,469.18 and judgment thereon. Defendant appealed. Errors assigned, among others, were various rulings on evidence and the charge of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiffs in this action seek to recover a balance alleged to be due upon a contract for the erection of a building, for additional work in erecting shelving and counters in one of the storerooms of the building and for work done upon other buildings of the defendant. The contract for the erection of the building was in writing and required the building to be finished by June 1, 1907. The principal question in controversy at the trial arose under the following covenant, viz: “Should the contractors fail to finish the work at or before the time agreed upon, they shall…
2Cases cited3 opinions
- Pittsburg Iron & Steel Engineering Co. v. National Tube Works Co.Supreme Court of Pennsylvania · 1898
- Lilly v. Person & RiegelSupreme Court of Pennsylvania · 1895
- White v. Braddock Borough School DistrictSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Parish Mfg. Corp. v. Martin-Parry Corp.Supreme Court of Pennsylvania · 1925