McCauley v. Keller
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PBOM THE COURT OP COMMON PLEAS OP JEPPERSON COUNTY. No. 50 October Term 1889, Sup. Ct.; court below, No. 132 December Term 1888, C. P. On October 27, 1887, Peter McCauley brought assumpsit against John Keller and L. L. Bush, trading as Keller & Bush, to recover a balance alleged to be due to the plaintiff from the defendants, for work done under contract.
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APPEAL BY DEPENDANTS PBOM THE COURT OP COMMON PLEAS OP JEPPERSON COUNTY. No. 50 October Term 1889, Sup. Ct.; court below, No. 132 December Term 1888, C. P. On October 27, 1887, Peter McCauley brought assumpsit against John Keller and L. L. Bush, trading as Keller & Bush, to recover a balance alleged to be due to the plaintiff from the defendants, for work done under contract. The plaintiff declared upon a written contract and also upon a subsequent promise to pay additional compensation for the construction of a better grade of work than that specifiedTin the originalcontract. The defendants…
1Opinion of the Court
Opinion,
Me. Justice Clank:
It is very plain that the parties to this contract had in contemplation that no part of the masonry between Mahaffey and WilLiams’s Run would be first class. It was to be the same as *69the masonry between Irvona and Mahaffey, which had been constructed in the previous year, and was considered second class. The contract, in specifying the prices to be paid, made no provision for any first-class work. It is equally clear that the work was to be done “ as directed by the chief engineer ” of the company, and that “ the work was to be paid as estimated by the engineer in…
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- Koth v. Board of EducationSupreme Court of South Carolina · 1927
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