American Warming & Ventilating Co. v. Fayette Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 145, April T., 1913, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1910, No. 250, on verdict for defendant in case of American Warming & Ventilating Company v. Fayette Lumber Company, Ltd. ..Assumpsit on an alleged balance due on an account. Before Umbel, P. J. The facts are stated in the opinion of the Superior Court. „ Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action arose out of a contract for the installation of a heating and ventilating system in, a school building. The price to b,e paid was $5,000. Payments were made from time to time and after the completion of the work the defendant sent to the plaintiff a statement of account showing credits on the contract of $4,646.05, part of which consisted of charges for labor and material, provided by the defendant. At or about the same time a check was sent by mail to the plaintiffs for *213$353.95. The plaintiff credited the defendant with the amount of the check…
2Cases cited3 opinions
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
- Philadelphia, Baltimore & Washington Railroad v. WalkerSuperior Court of Pennsylvania · 1911
3Cited by2 opinions
- Rothschild v. Trexler Co.Superior Court of Pennsylvania · 1923
- Wallace's Estate, Pennsylvania Court of Common Pleas, Franklin County1923