American Structural Steel Co. v. Annex Hotel Co.
Supreme Court of Pennsylvania
Appeal, No. 142, Oct. T., 1909, by defendants, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 159, on verdict for plaintiff in case of American Structural Steel Companj^ v. Annex Hotel Company, and Herman Straub et al. Assumpsit on a building contract.
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Appeal, No. 142, Oct. T., 1909, by defendants, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 159, on verdict for plaintiff in case of American Structural Steel Companj^ v. Annex Hotel Company, and Herman Straub et al. Assumpsit on a building contract. At the trial defendant made the following offer: Mr. Griffith: We now offer to prove by the witness on the stand that at a meeting held in the office of Lyon, McKee & Mitchell, on March 31, 1905, there were present the witness and Herman Straub, Sr., the building committee of the defendant company, and Charles Franson, A. M.…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Counsel for appellants in this case say that the assignments of error raise two questions:
1. Was the offer of defendants to introduce testimony of delay on the part of plaintiff in completion of the Annex Hotel building, competent under rule 8 of the Allegheny county courts, requiring notice prior to the trial in case defendant proposes to introduce proof of set-off or counterclaim?
2. Had the defendants a right to explain what they claim to be ambiguous provisions of the contract sued upon, and the right to define and limit, by parol testimony, the powers of their…
2Cases cited4 opinions
- Webster v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1902
- Higgins Carpet Co. v. LatimerSupreme Court of Pennsylvania · 1895
- Bair & Gazzam, Lim. v. HubarttSupreme Court of Pennsylvania · 1891
- Carl Barckhoff Church Organ Co. v. EckerSupreme Court of Pennsylvania · 1898
3Cited by8 opinions
- Haverford Township School District v. HerzogSupreme Court of Pennsylvania · 1934
- Bethlehem Steel Co. v. ToplissSupreme Court of Pennsylvania · 1915
- Watkins v. JusticeSupreme Court of Pennsylvania · 1917
- Elm City Lumber Co. v. HauptSuperior Court of Pennsylvania · 1911
- In re Road in Hampton TownshipSuperior Court of Pennsylvania · 1919
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