Shepherd & Sons v. First National Bank
Supreme Court of Pennsylvania
Appeal, No. 98, Jan. T., 1911, by defendant, from judgment of C. P. Luzerne Co., Oct. Term, 1908, No. 1,194, on verdict for plaintiff in case of W. H. Shepherd & Sons v. First National Bank of Wilkes-Barre. Assumpsit to recover the balance alleged to be due on a building contract. Before Garman, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 98, Jan. T., 1911, by defendant, from judgment of C. P. Luzerne Co., Oct. Term, 1908, No. 1,194, on verdict for plaintiff in case of W. H. Shepherd & Sons v. First National Bank of Wilkes-Barre. Assumpsit to recover the balance alleged to be due on a building contract. Before Garman, J. The facts are stated in the opinion of the Supreme Court. The defendant presented the following points: The contract, plans and specifications, being in writing, and there being no ambiguity in the language used in the same, which is open to explanation by parol evidence, the construction of the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit brought to recover the difference between the cost of covering the main roof of the defendant's bank building with a slag and a copper roof.
At the request of the defendant’s architect, the plaintiffs tendered a bid or proposal for the erection of a bank building for the First National Bank of Wilkes-Barre, Pennsylvania. The proposal was in writing and contained several paragraphs, each making a different and conditional *651bid for the work to be done and the materials to be furnished. By paragraph four, the plaintiffs offered to…
2Cited by1 opinion
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