Winters v. Schmitz
Superior Court of Pennsylvania
Appeal, No. 76, Oct. T., 1907, by plaintiff, from judgment of C. P. Lancaster Co., Nov. T., 1905, No. 48, on verdict for plaintiff in case of Aldus J. Winters v. Joseph Schmitz. Assumpsit on a building contract. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [Now, which of these parties is correct as to the demands thus made before you? That is a question of fact, which this jury must determine.
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Appeal, No. 76, Oct. T., 1907, by plaintiff, from judgment of C. P. Lancaster Co., Nov. T., 1905, No. 48, on verdict for plaintiff in case of Aldus J. Winters v. Joseph Schmitz. Assumpsit on a building contract. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [Now, which of these parties is correct as to the demands thus made before you? That is a question of fact, which this jury must determine. You have heard what the plaintiff has testified to, in regard to the making of the contracts, and also what was done when the…
1Opinion of the Court
Opinion by
Rice, P. J.,
In June, 1905, the plaintiff entered into a contract with the defendant to make certain alterations and repairs to the defendant’s buildings for $1,625. Later in the month, after this work was under way, a second contract was entered into by them for additional alterations, and for a change in the alterations contemplated in the first contract. There is no dispute as to the making of these two contracts, or as to the plaintiff’s performance, or as to the price to be paid under the first, or as to the fact that the additional sum to be paid under the second contract was…
2Cases cited7 opinions
- Rearich v. SwinehartSupreme Court of Pennsylvania · 1849
- Home B. & L. Ass'n v. KilpatrickSupreme Court of Pennsylvania · 1891
- White v. BlackSuperior Court of Pennsylvania · 1900
- Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
- Gas v. Pittsburg Plate Glass Co.Supreme Court of Pennsylvania · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bone v. Detroit National Fire InsuranceSupreme Court of Pennsylvania · 1918
- Atglen Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1953
- Haney v. MooreheadSuperior Court of Pennsylvania · 1915
- Campbell v. Rhoads, Pennsylvania Court of Common Pleas, Lancaster County1927