Brown v. Decker
Pennsylvania Court of Common Pleas, Philadelphia County
No. 300 January Term 1891, Sup. Ct.; court below, No. 803 June Term 1888, C. P. No. 3. On August 31, 1888, L. W. Brown and William L. Hendrickson, trading as Brown & Hendrickson, to the use of William L. Hendrickson, brought assumpsit against John A. Decker, to recover a balance averred to be due to the plaintiffs from the defendant for work done under a contract. Issue.
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No. 300 January Term 1891, Sup. Ct.; court below, No. 803 June Term 1888, C. P. No. 3. On August 31, 1888, L. W. Brown and William L. Hendrickson, trading as Brown & Hendrickson, to the use of William L. Hendrickson, brought assumpsit against John A. Decker, to recover a balance averred to be due to the plaintiffs from the defendant for work done under a contract. Issue. At the second trial, on May 1,1890, the following facts were shown: The defendant Decker, on J une 7, 1887, entered into a written contract with the trustees of the-Stevens Institute of Technology by which he undertook to…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The defendant, being a contractor for the erection of a large building at Hoboken, N. J., made a sub-contract with the plaintiffs to do the plastering work of the building. The contract between the parties, which was in writing and under seal, contained the following recital and condition, to wit: “Whereas, the said party of the first part (defendant) has entered into articles of agreement with the trustees of the Stevens Institute of Technology, at Hoboken, N. J., bearing date June 7, 1887, for the construction and completion of certain high-school buildings at…
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