Stuckert v. Wedge
Superior Court of Pennsylvania
Appeal, No. 15, Oct. T., 1910, by defendant, from order of C. P. No. 1, Phila. Co., Sept. Term, 1909, No. 2,615, making absolute rule for judgment for want of a sufficient affidavit of defense in case of F. Russell Stuckert v. Utley Wedge. Assumpsit to recover the sum of $300 for services as an architect.
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Appeal, No. 15, Oct. T., 1910, by defendant, from order of C. P. No. 1, Phila. Co., Sept. Term, 1909, No. 2,615, making absolute rule for judgment for want of a sufficient affidavit of defense in case of F. Russell Stuckert v. Utley Wedge. Assumpsit to recover the sum of $300 for services as an architect. The defendant in his affidavit of defense denied that the plaintiff’s services were worth $300 and averred that said services are not reasonably worth over the sum of $100, which amount the defendant is ready and willing to pay the plaintiff and hereby tenders the same to him in full…
1Opinion of the Court
Opinion by
Rice, P. J.,
It was alleged in the statement of claim, and admitted *141in the affidavit of defense, that the defendant employed the plaintiff to draw plans and specifications for a building but that they were not entirely completed because, as alleged in the statement of claim, the plaintiff was directed by the defendant to stop work, or, as alleged in the affidavit of defense, the parties agreed that work should be discontinued. Under either view of the case the plaintiff was entitled to recover for part performance such compensation as his work up to the time it was discontinued was…
2Cases cited4 opinions
- Reilly v. DalySupreme Court of Pennsylvania · 1894
- Smucker v. GrinbergSuperior Court of Pennsylvania · 1905
- Ganor v. HinrichsSuperior Court of Pennsylvania · 1896
- Muir v. ShinnSuperior Court of Pennsylvania · 1896