Kennedy v. Poor
Supreme Court of Pennsylvania
Appeal, No. 118, Oct. T., 1892, by defendants, C. L. Poor et al., from judgment of O. P. Venango Co., April T., 1890, No. 34, on verdict for plaintiff, James Kennedy. Before Sterrett, Green, Williams, Mc-Collum, Mitchell and Heydeick, JJ. Sci. fa. sur mechanics’ lien.
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Appeal, No. 118, Oct. T., 1892, by defendants, C. L. Poor et al., from judgment of O. P. Venango Co., April T., 1890, No. 34, on verdict for plaintiff, James Kennedy. Before Sterrett, Green, Williams, Mc-Collum, Mitchell and Heydeick, JJ. Sci. fa. sur mechanics’ lien. On the trial the evidence was to the following effect: Plaintiff entered into a contract with defendants, by the terms of which plaintiff agreed “ to furnish all necessary materials, tools and labor, and construct for the parties of the second part, on the Poor farm, at Shamburg, Pa., one dwelling house (except the excavation,…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
The manifest purpose of the provision contained in the contract in this case, that the work should be done to the “ satisfaction ” of the architect, was to ascertain the fact of completion, and to prevent just such defences as the present. It is conceded that if, by the terms of the contract, the decision had been left to this defendant, his action, taken in good faith, would have been conclusive on both parties: Singerly v. Thayer, 108 Pa. 291. Then, why should not the same result follow when the decision is, by the terms of the contract, left to a stranger ?…
2Cases cited2 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
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- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- United States v. WalshCourt of Appeals for the Second Circuit · 1902
- Brooke v. Laurens Milling Co.Supreme Court of South Carolina · 1907
- Frederick v. MargwarthSupreme Court of Pennsylvania · 1908
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