Hall v. Rupley
Supreme Court of Pennsylvania
In error from tbe Common Pleas of Philadelphia. April 3. Assumpsit on a special contract, that plaintiff would build a barn for defendant for $200, and that defendant would furnish the materials; averring that, when it was nearly completed, defendant neglected and refused to furnish the materials, and that there was then due plaintiff, &c. The common counts were added.
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In error from tbe Common Pleas of Philadelphia. April 3. Assumpsit on a special contract, that plaintiff would build a barn for defendant for $200, and that defendant would furnish the materials; averring that, when it was nearly completed, defendant neglected and refused to furnish the materials, and that there was then due plaintiff, &c. The common counts were added. On the trial, before Campbell, J., the plaintiff proved his case; but did not give any evidence showing that defendant had notice that materials were wanting to complete the building. The .jury were instructed, that, if…
1Opinion of the CourtRogers, J.
"We are unable to discover any error in the instruction, that if the defendant made default in furnishing materials, the plaintiff may recover the balance due on the contract. The case, as found by. the jury, was this: — Rupley agreed to build a barn for the stipulated price of $200, Hall providing the materials necessary for the performance of the work. Hall neglected to supply the materials, in consequence of which the work was not completed. The defendant contends, that inasmuch as it was an entire contract, the plaintiff is not entitled to recover; and for this position, he relies on Shaw…
2Cases cited2 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Preston v. FinneySupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Dollarhide v. GunstreamNew Mexico Supreme Court · 1951
- Lattavo v. Virginia Fire & Marine InsuranceSuperior Court of Pennsylvania · 1926
- Dilworth v. Brown & BigelowSuperior Court of Pennsylvania · 1937
- Tridell v. MunhallU.S. Circuit Court for the District of Western Pennsylvania · 1903
- Welch v. DakinSuperior Court of Pennsylvania · 1917
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