Cates & Shepard v. Seltzer
Superior Court of Pennsylvania
Appeal, No. 201, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1913, No. 1611, on verdict for defendant in case of Cates & Shepard, Incorporated, v. Alexander Seltzer, Michael Seltzer and Samuel Seltzer, trading as Seltzer Brothers. Assumpsit for the cost of twelve electrical arc lamps for a theatre.
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Appeal, No. 201, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1913, No. 1611, on verdict for defendant in case of Cates & Shepard, Incorporated, v. Alexander Seltzer, Michael Seltzer and Samuel Seltzer, trading as Seltzer Brothers. Assumpsit for the cost of twelve electrical arc lamps for a theatre. Before McMichael, P. J. At the trial it appeared that Seltzer Brothers were the owners of a theatre at Atlantic City which had been erected at the time the cause of action in this case arose. After the completion of the theatre it was leased to a Mr. Nixon.…
1Opinion of the Court
Opinion by
Orlady, P. J.,
At the time this cause of action arose, the defendants were the owners of a recently erected theatre, in Atlan*353tic City, New Jersey, and which was then practically completed, and had been formally leased to a Mr. Nixon, who was in possession of the premises. The plaintiff corporation had been a subcontractor on the operation. During the progress of the work, on two occasions, and under express authority from the defendants, their architects directed the plaintiff to do certain specified additional or extra work, the items aggregating $1,081.00, which was completed and…
2Cases cited5 opinions
- Central Pennsylvania Telephone & Supply Co. v. ThompsonSupreme Court of Pennsylvania · 1886
- Fee v. Adams Express Co.Superior Court of Pennsylvania · 1909
- Wilson v. SaleSuperior Court of Pennsylvania · 1910
- Park v. Kansas City Southern Railway Co.Superior Court of Pennsylvania · 1914
- Birkle v. ColemanSuperior Court of Pennsylvania · 1912
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