Philadelphia Housewrecking Co. v. Nolen
Supreme Court of Pennsylvania
Appeal, No. 197, Jan. T., 1916, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1913, No. 3094, on verdict for plaintiff, in case of The Philadelphia Housewrecking Company v. James F. Nolen. Assumpsit to recover damages for breach of contract. Before Carr, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,533.50 and judgment thereon. Defendant appealed.
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Appeal, No. 197, Jan. T., 1916, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1913, No. 3094, on verdict for plaintiff, in case of The Philadelphia Housewrecking Company v. James F. Nolen. Assumpsit to recover damages for breach of contract. Before Carr, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,533.50 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence and instructions to the jury.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The action was to recover damages for an alleged breach of contract. The plaintiff company had contracted with the owner of a lot of ground in the City of Philadelphia, the surface of which was considerably above the level of the public street, to reduce the elevation. This work required a large amount of excavation. The defendant, also a contractor, had engaged with the City of Philadelphia to dump ten thousand loads of dirt and stone at a city reservoir in the same neighborhood where the plaintiff was to do its excavating. The plaintiff therefore had earth and…
2Cases cited2 opinions
- Cullum v. WagstaffSupreme Court of Pennsylvania · 1864
- Plank-Road Co. v. RamageSupreme Court of Pennsylvania · 1852
3Cited by6 opinions
- Christian Moerlein Brewing Co. v. RuschSupreme Court of Pennsylvania · 1922
- Dietrich v. DaviesSupreme Court of Pennsylvania · 1922
- Thompson v. DeLongSuperior Court of Pennsylvania · 1919
- Linefsky v. Redevelopment Authority of PhiladelphiaCommonwealth Court of Pennsylvania · 1997
- Deegan v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1932
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