Sylvius v. Kosek
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. No. 430 January Term 1886, Sup. Ct.; court below, No. 285 November Term 1882, C. P. This was an action in assumpsit by George D. Sylvius against John Kosek, to recover the contract price for the erection of tenement-houses. The pleas were non assumpsit, payment with leave, etc., tender.
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ERROR TO THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. No. 430 January Term 1886, Sup. Ct.; court below, No. 285 November Term 1882, C. P. This was an action in assumpsit by George D. Sylvius against John Kosek, to recover the contract price for the erection of tenement-houses. The pleas were non assumpsit, payment with leave, etc., tender. The plaintiff, Sylvius, made out his case in chief by evidence „of performance of the following agreement: This agreement, made this 1st day of June, A. d. 1882, between Geo. D. Sylvius of the city of Wilkes-Barre and John Kosek of the same place,…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
In response to the prima facie case presented by plaintiff’s evidence, including the written contract on which the action *75is grounded, defendant undertook to prove that an important provision of their verbal agreement in relation to building the houses was fraudulently omitted from the written contract prepared in duplicate by plaintiff and submitted to him for his signature. He testified in substance that plaintiff having verbally agreed to build the houses for a fixed sum, including wainscoting in lieu of plastering, undertook to prepare and send him for…
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