Lawall v. Rader
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northampton county. There were two actions in ease by Edward Lawall; one against Stephen D. Rader, and the other against Charles Rader, both to August Term, 1849. On the 29th of January, 1846, Lawall and Stephen D. Rader made an agreement in writing, under seal, by which Rader bound himself to build and finish for Lawall, in good and workmanlike manner, a house, including cellar, foundation wall, steps, &c.
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ERROR to the Common Pleas of Northampton county. There were two actions in ease by Edward Lawall; one against Stephen D. Rader, and the other against Charles Rader, both to August Term, 1849. On the 29th of January, 1846, Lawall and Stephen D. Rader made an agreement in writing, under seal, by which Rader bound himself to build and finish for Lawall, in good and workmanlike manner, a house, including cellar, foundation wall, steps, &c. A roof was not specified in the contract. Lawall, on his part, agreed to pay for the house the sum of $890, to be paid in specified amounts, at specified…
1Opinion of the Court
The opinion of the Court was delivered by
KNOX, J.
On the 29th day of January, 1846, an article of agreement under seal was made, by which the defendant Rader agreed by the 1st of October next, “to build, set up, and finish” for the plaintiff Lawall, a dwelling-house, of the dimensions and in the manner mentioned in the contract, for which the plaintiff was to pay $890. In this contract nothing is said as to the kind of roof to be put upon the building, but after the work was commenced and partly done, viz. on the 21st June, 1846, by a su-peradded agreement, not under seal, the defendant…
2Cases cited1 opinion
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
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- Novice v. AlterSupreme Court of Pennsylvania · 1927
- Prouty v. KreamerSupreme Court of Pennsylvania · 1901