Legal Opinion

Johnson v. Fenestra, Inc.

Court of Appeals for the Third Circuit

Decided July 6, 1962No. Nos. 13777, 13778PublishedCited by 16 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

In this diversity case a subcontractor is seeking damages from the prime contractor on the theory that the latter’s breach of contractual duty made the performance of the subcontract more costly than it would have been had the contractor acted as reasonably expected and required of him under the terms and circumstances of the bargain.

The defendant, Fenestra, had undertaken as prime contractor to erect the superstructure walls and roof of a new building of the Pennsylvania Electric Co. in Shawsville, Pennsylvania. It engaged the plaintiffs, partners trading as Johnson…

2Cases cited8 opinions

  1. Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
  2. Sheehan v. PittsburgSupreme Court of Pennsylvania · 1905
  3. Acchione v. CommonwealthSupreme Court of Pennsylvania · 1943
  4. In Re Kellett Aircraft Corp.Court of Appeals for the Third Circuit · 1951
  5. Bodman v. Nathaniel Fisher & Co.Supreme Court of Pennsylvania · 1920

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Jacob Lichter and Jennie L. Lichter, Partners, Doing Business as Southern Fireproofing Company v. Mellon-Stuart CompanyCourt of Appeals for the Third Circuit · 1962
  2. Samuel B. Slaughter, Jr. v. The Philadelphia National Bank v. Peoples National Bank of Camden CountyCourt of Appeals for the Third Circuit · 1969
  3. Dobson v. Rutgers, State UniversityNew Jersey Superior Court Appellate Division · 1978
  4. Brezan v. Prudential Ins. Co. of AmericaDistrict Court, E.D. Pennsylvania · 1981
  5. Walther & Cie v. US Fidelity & Guaranty CompanyDistrict Court, M.D. Pennsylvania · 1975

11 more not listed; retrieve them via the Exa API.

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