Smyers v. Zmitrovitch
Superior Court of Pennsylvania
Appeal, No. 258, Oct. T., 1912, by defendant, from judgment of C. P. Clearfield Co., Dec. T.; 1911, No. 209, on verdict for plaintiff in case of George Smyers v. Christ Zmitrovitch. Assumpsit on a building contract. Before A. 0. Smith, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 258, Oct. T., 1912, by defendant, from judgment of C. P. Clearfield Co., Dec. T.; 1911, No. 209, on verdict for plaintiff in case of George Smyers v. Christ Zmitrovitch. Assumpsit on a building contract. Before A. 0. Smith, P. J. The facts are stated in the opinion of the Superior Court. At the trial defendant presented the following points all of which were refused: 1. That under the pleading, the law and the evidence the plaintiff cannot recover and the verdict must be for the defendant. 2. In order for the plaintiff to recover at all he must show a compliance with the terms of…
1Opinion of the Court
Opinion by
Morrison, J.,
This is a scire facias sur mechanic’s lien and the issue was whether or not the plaintiff was entitled to recover *442an alleged balance due him for building a small dwelling house for defendant on the ground of a substantial performance of his contract by the former. It wvas proved that the contract required plaintiff to place building paper between the siding and the sheeting boards of the house and it is conceded that this was not done as to a material portion of the house, and when the defendant called the plaintiff’s attention to this omission and failure to comply…
2Cases cited5 opinions
- Morgan v. GambleSupreme Court of Pennsylvania · 1911
- Gillespie Tool Co. v. WilsonSupreme Court of Pennsylvania · 1888
- Pressy v. McCornackSupreme Court of Pennsylvania · 1912
- Hartman v. MeighanSupreme Court of Pennsylvania · 1895
- Smith v. Cunningham Piano Co.Supreme Court of Pennsylvania · 1913
3Cited by4 opinions
- Typhoon Air Conditioning Co. v. FriedSuperior Court of Pennsylvania · 1941
- Mcadams v. SmithSuperior Court of Pennsylvania · 1917
- Beyer v. MountzSuperior Court of Pennsylvania · 1915
- Kaplan v. WilsonSuperior Court of Pennsylvania · 1927