Culver v. Pocono Spring Water Ice Co.
Supreme Court of Pennsylvania
Appeal, No. 182, Jan. T., 1902, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1899, No. 24, on verdict for plaintiff in case of M. B. Culver to use of Conrad Lee v. Pocono Spring Water Ice Company. Assumpsit for goods sold and delivered. Before Ferris, J., of the eleventh judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. ■ Verdict and judgment for plaintiff for $1,8.34.24. Defendant appealed.
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Appeal, No. 182, Jan. T., 1902, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1899, No. 24, on verdict for plaintiff in case of M. B. Culver to use of Conrad Lee v. Pocono Spring Water Ice Company. Assumpsit for goods sold and delivered. Before Ferris, J., of the eleventh judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. ■ Verdict and judgment for plaintiff for $1,8.34.24. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On October 19, 1898, M. B. Culver entered into a written contract with the Pocono Spring Water Ice Company for the erection of a boarding house for its employees. The building was to be completed in all its parts and ready for use and occupation by December 15, 1898, and, if not completed by that time, there was a stipulation that the sum of $25.00 per day for the delay should be retained out of the money due as liquidated damages to the ice company, “ and not by way of penalty.” The boarding house was not completed in accordance with the contract until the…
2Cases cited1 opinion
- Dougherty v. HunterSupreme Court of Pennsylvania · 1867
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- Hartzell v. Ebbvale Mining Co.Supreme Court of Pennsylvania · 1913
- Mynick v. BickingsSuperior Court of Pennsylvania · 1906
- Severance v. Heyl & Patterson, Inc.Superior Court of Pennsylvania · 1936
- Nolan v. J. & M. Doyle Co.Supreme Court of Pennsylvania · 1940
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