Smith v. Cunningham Piano Co.
Supreme Court of Pennsylvania
Appeal, No. 285, Jan. T., 1912, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2171, on verdict for plaintiff in case of Patrick S. Smith, Trustee of Charles W. Denny v. Cunningham Piano Company. Assumpsit for balance due on a building contract. Before Carr, J. Yerdict and judgment for plaintiff for $3,137.25. Defendant appealed. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 285, Jan. T., 1912, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2171, on verdict for plaintiff in case of Patrick S. Smith, Trustee of Charles W. Denny v. Cunningham Piano Company. Assumpsit for balance due on a building contract. Before Carr, J. Yerdict and judgment for plaintiff for $3,137.25. Defendant appealed. The facts appear by the opinion of the Supreme Court. The twelfth paragraph of the contract in suit was as follows:— “It is understood and agreed that in case any dispute should arise between the parties hereto in regard to any…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of assumpsit brought by Charles W. Denny to recover from the Cunningham Piano Company a balance claimed to be due upon a contract for the erection of a new factory building and for alterations to an existing building. The amount claimed in the statement was. $7,434.46, but defendant afterwards paid $4,333.33, leaving a balance of $3,101.13, of which all but $200 was disputed. After the case was at issue, it was suggested on the record that the plaintiff had been adjudicated a bankrupt, and that Patrick S. Smith had been appointed as trustee.…
2Cases cited3 opinions
- Hunn v. Pennsylvania Institution for the Instruction of the BlindSupreme Court of Pennsylvania · 1908
- Pressy v. McCornackSupreme Court of Pennsylvania · 1912
- Danville Bridge Co. v. Pomroy & ColonySupreme Court of Pennsylvania · 1850
3Cited by9 opinions
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- Formigli Corporation v. FoxDistrict Court, E.D. Pennsylvania · 1972
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- Reilly v. Rodef Sholem CongregationSupreme Court of Pennsylvania · 1914
- Ahrens v. ReadingSupreme Court of Pennsylvania · 1918
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