Brown v. Foster
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. In the couvt below this was an action of assumpsit by A. W. Foster and A. W. Foster, Jr., trading as Foster & Co., against William H. Brown.
Read the full summary
Error to the Common Pleas of Allegheny county. In the couvt below this was an action of assumpsit by A. W. Foster and A. W. Foster, Jr., trading as Foster & Co., against William H. Brown. The foundation of the plaintiffs’ claim was the following paper:— “ Pittsburgh, July 5th 1864. “To W. H, Brown: — We agree to take the machinery of Bnwena, as it now" lies in a flat on Monongahela river, make one new boiler, new branches for mud receiver, stand-pipe and steam drum, two new sheets in mud receiver, and lengthen it to suit the boilers, fire bed, breeching, chimneys and all wrought-iron work…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The work which the plaintiff undertook by special contract to perform had been completed and accepted by the defendant before the action was brought. It was therefore admissible for the plaintiff to sue in indebitatus assumpsit, and give in evidence the special contract, not as proof of the promise declared on, but as furnishing a rule by which the damages for its breach were to be measured. And the right of the plaintiff to declare generally, and use the special contract as evidence, was not affected by the fact that the work was not…
2Cases cited1 opinion
- Harris v. LiggetSupreme Court of Pennsylvania · 1841
3Cited by11 opinions
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Commonwealth v. SandersonSuperior Court of Pennsylvania · 1909
- Kimball Bros. v. Citizens Gas & Electric Co.Supreme Court of Iowa · 1908
- Lever v. LagomarsinoSupreme Court of Pennsylvania · 1924
- Paul Hardeman, Inc. v. Arkansas Power & Light CompanyDistrict Court, E.D. Arkansas · 1974
6 more not listed; retrieve them via the Exa API.