Morse, Williams & Co. v. Arnfield & Son
Superior Court of Pennsylvania
Appeal, No. 226, April T., 1900, by plaintiffs, in a suit of Morse, Williams & Company, for use of J. J. Seelar, against M. Arnfield & Son, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1898, No. 816, on verdict for defendant. Opinion by Beaver, J. Assumpsit.
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Appeal, No. 226, April T., 1900, by plaintiffs, in a suit of Morse, Williams & Company, for use of J. J. Seelar, against M. Arnfield & Son, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1898, No. 816, on verdict for defendant. Opinion by Beaver, J. Assumpsit. Before Stowe, P. J. It appears from the record that the contract was made for the furnishing of an elevator for the price of $1,500 on which $750 was to be paid upon delivery of the material, and the remaining $750 when the contract was completed. That the time fixed in the contract was September 2,1898. On September 2,1898,…
1Opinion of the Court
Beaver, J.,
Opinion by (after finding tne facts as set out in the-statement of facts) :
The contract in this case is not a building contract. It is not such an erection or fixture so firmly attached to the realty as to compel the defendants to accept it. They had it within their power to accept or refuse to accept upon its completion. The lack of two cables, the difference between a thirty-four inch and a twenty-four inch drum and the absence of the speed governor were all plainly apparent, if even a cursory inspection had been made by one not an expert. The defendants accepted the elevator…
2Cases cited3 opinions
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