Smith v. Kaufman
Superior Court of Pennsylvania
Appeal, No. 55, Oct. T., 1905, by defendants, from judgment of C. P. Montgomery Co., March Term, 1904, No. 43, for plaintiff on case tried by the court without a jury in suit of Wilson J. Smith v. Leo Kaufman and Max Kaufman. Assumpsit on breach of a building contract.
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Appeal, No. 55, Oct. T., 1905, by defendants, from judgment of C. P. Montgomery Co., March Term, 1904, No. 43, for plaintiff on case tried by the court without a jury in suit of Wilson J. Smith v. Leo Kaufman and Max Kaufman. Assumpsit on breach of a building contract. The case was tried by Weand, J., without a jury under the provisions of the Act of April 22, 1874, P. L. 109. The trial judge found the following facts and conclusions of law: FINDINGS OF FACT. 1. Defendants proposed to build a factory at Duryea, Luzerne county, and employed McCormick & French, architects, to prepare plans and…
1Opinion of the Court
Opinion by
Henderson, J.,
The contract between the defendants and Solomon Hirsch, the rejection of which is the subject of the first assignment of error, could only have been properly admitted when it was made to appear that the plaintiff’s contract was dependent upon the performance by Hirsch of his undertaking. It is not shown in any part of the evidence, however, that the plaintiff and defendants entered into their engagement with any reservation on account of the contingency of Hirsch’s failure so to do. The transaction between the plaintiff and defendants was the tender-, by the latter, of…
2Cases cited6 opinions
- Adams Express Co. v. EgbertSupreme Court of Pennsylvania · 1860
- Eichman v. HerskerSupreme Court of Pennsylvania · 1895
- Bradlee & Co. v. Whitney & KemmererSupreme Court of Pennsylvania · 1885
- Imperial Coal Co. v. Port Royal Coal Co.Supreme Court of Pennsylvania · 1890
- Leskie v. HaseltineSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Taylor v. Stanley Co. of AmericaSupreme Court of Pennsylvania · 1931
- Schermer v. WilmartSupreme Court of Pennsylvania · 1924
- Donaldson v. Hartford Accident & Indemnity Co.Supreme Court of Pennsylvania · 1921
- Park v. Kansas City Southern Railway Co.Superior Court of Pennsylvania · 1914
- Marshall v. TroncellitiSuperior Court of Pennsylvania · 1928
6 more not listed; retrieve them via the Exa API.