Meacham v. Gardner
Superior Court of Pennsylvania
Appeal, No. 27, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Pbila. Co., March T., 1902, No. 3870, on verdict for plaintiff in case of Edward C. Meacham v. Benjamin D. Gardner. Assumpsit to recover a balance alleged to be due upon a building contract. Before Beitler, J. . The facts are stated in' the opinion of the Superior Court. Yerdict and judgment for plaintiff for $482.60. Defendant appealed.
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Appeal, No. 27, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Pbila. Co., March T., 1902, No. 3870, on verdict for plaintiff in case of Edward C. Meacham v. Benjamin D. Gardner. Assumpsit to recover a balance alleged to be due upon a building contract. Before Beitler, J. . The facts are stated in' the opinion of the Superior Court. Yerdict and judgment for plaintiff for $482.60. Defendant appealed. Errors assigned were the rulings on evidence and the various instructions quoted at length in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Morrison, J.,
The defendant was engaged in the erection of sixteen dwelling houses and on September 28, 1901, entered into a written contract with the plaintiff to “ do all the work pertaining to the bricklaying and also to furnish all mortar and color ” for $5.00 per thousand, “10$ being retained to insure the faithful performance of the contract, until entire completion of same.” The contract also provided that “all of said work must be first class in every respect and the opinion of the said party of the first part (defendant here) as to the quality of the work and the speed with…
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