Bizet v. Smith
Supreme Court of Pennsylvania
Appeal, No. 150, Oct. T., 1921, by defendant, from judgment of C. P. Washington Co., May T., 1920, M. L. D., No. 16, on verdict for plaintiff, in case of John Bizet v. William C. Smith. Sci. fa. sur mechanic’s lien. Before McIlvaine, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $1,589.48. Defendant appealed.
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Appeal, No. 150, Oct. T., 1921, by defendant, from judgment of C. P. Washington Co., May T., 1920, M. L. D., No. 16, on verdict for plaintiff, in case of John Bizet v. William C. Smith. Sci. fa. sur mechanic’s lien. Before McIlvaine, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $1,589.48. Defendant appealed. Errors assigned were various rulings and instructions, unimportant here, as appears by the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff agreed to build an addition to defendant’s house, the contract requiring that the work should be done under the direction and subject to the approval of defendant’s architects, that “all payments [therefor] shall be due when certificates for the same are issued” by the architects, and “that no certificate given or payment made under this contract, except the final certificate or final payment, shall be conclusive evidence of the performance of this contract, either wholly or in part, and that no payment shall be construed to be an acceptance of…
2Cases cited4 opinions
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Hostetter v. City of PittsburghSupreme Court of Pennsylvania · 1884
- Bowman Bros. v. StewartSupreme Court of Pennsylvania · 1895
- McCloskey v. MarksSupreme Court of Pennsylvania · 1919
3Cited by4 opinions
- Jackson v. McKeesportSupreme Court of Pennsylvania · 1931
- Stierheim v. Bechtold Et Ux.Superior Court of Pennsylvania · 1945
- Evans, Inc. v. School District of Township of DarbySuperior Court of Pennsylvania · 1932
- National Surety Co. v. Schultz, Pennsylvania Court of Common Pleas, Lehigh County1923