Miller v. Wiggins
Supreme Court of Pennsylvania
Jan. T., 1909, by. defendants, from judgment of C. P. Chester Co., Aug. T., 1909, No. 85, on verdict for plaintiff in case of Irwin W. Miller v. John R. Wiggins, W. H. Walls, and F. K. Worley, trading as John R. Wiggins & Company. Assumpsit on a building contract. Before Butler, J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,980.47. Defendants appealed.
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Jan. T., 1909, by. defendants, from judgment of C. P. Chester Co., Aug. T., 1909, No. 85, on verdict for plaintiff in case of Irwin W. Miller v. John R. Wiggins, W. H. Walls, and F. K. Worley, trading as John R. Wiggins & Company. Assumpsit on a building contract. Before Butler, J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,980.47. Defendants appealed. Error assigned was in affirming plaintiff’s first point, as follows: If the jury believe from the evidence that a custom existed among masons, builders, contractors and architects, where the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
March 28, 1910:
This suit grows out of a dispute as to the proper method of determining the number of perches of masonry in a wall built by a subcontractor under a contract in writing with the contractor. The contract provides that “the contractors agree to pay the subcontractor the sum of two dollars and thirty-five cents (12.35) per perch of 24f cubic feet measured in wall.” The appellants contend that the number of perches is to be determined by ascertaining the actual amount of solid masonry in the wall, while the contention of appellee is that what is known as…
2Cases cited12 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Helme v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1869
- Soutier v. KellermanSupreme Court of Missouri · 1853
- Callahan v. StanleyCalifornia Supreme Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Electric Reduction Co. v. Colonial Steel Co.Supreme Court of Pennsylvania · 1923
- Albus v. ToomeySupreme Court of Pennsylvania · 1922
- Moncion v. BertrandSupreme Court of Vermont · 1925
- Carlo v. Bessemer Lake Erie R. R. Co.Supreme Court of Pennsylvania · 1928
- Magyar v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1928
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