Channon v. Kerber

This was an action in assumpsit upon a written contract whereby the appellee was bound to build and complete the necessary cut stone work for a residence for the appellant, resulting in a verdict and judgment against appellant. Numerous errors are assigned, but we are of opinion that, aside from the alleged errors contained in the instructions to the jury, there is but one that can be sustained. The specifications mentioned in the contract provide that the stone shall be “ of the very best quality, Yert Island (McArthur) brown stone, free from defects. All stones to be selected in the very…