Corcoran v. Chess
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FEOM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 240 October Term 1889, Sup. Ct.; court below, No. 69 October Term 1885, C. P. No. 2. On July 29, 1885, service was made of a summons in case in an action by James G. Corcoran against Harvey B. Chess and others, partners as Chess, Cook & Co. Issue.
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APPEAL BY PLAINTIFF FEOM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 240 October Term 1889, Sup. Ct.; court below, No. 69 October Term 1885, C. P. No. 2. On July 29, 1885, service was made of a summons in case in an action by James G. Corcoran against Harvey B. Chess and others, partners as Chess, Cook & Co. Issue. At the trial on February 26, 1889, it was shown that plaintiff made a bid for work on the defendants’ rolling-mill as follows: “ May 18, 1885, I propose to do the mason work for foundations, piers, etc., at your new works in Braddocks, according to the plans, and do it…
1Opinion of the Court
Per Curiam :
The plaintiff contracted to do certain mason-work at 13.45 per cubic yard. There was no dispute on the trial below as to the quality of the work; the contention was about its proper *359measurement. The plaintiff claimed to be paid according to the rule known as “ masons’ measurement,” which, in building-stone piers, he alleged to be, measuring the girth of the pier, adding one half of the girth, and then multiplying by the height. This rule produces a very different result from that of the actual cubic contents of the mason-work, which is the rule contended for by the defendants. The…
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