Boon & Hill Co. v. Prudential Trust Co.
Superior Court of Pennsylvania
Appeal, No. 45, April T., 1908, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1903, No. 697, on verdict for plaintiff in case of The Boon & Hill Company v. Prudential Trust Company and J. B. Flint. Assumpsit to recover for labor and material furnished to a building operation.
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Appeal, No. 45, April T., 1908, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1903, No. 697, on verdict for plaintiff in case of The Boon & Hill Company v. Prudential Trust Company and J. B. Flint. Assumpsit to recover for labor and material furnished to a building operation. Defendants presented the following points: 1. As to the first three houses referred to in the statement of claim, there is no evidence of guaranty or promise of payment which would render the defendants liable personally. Answer: We answer that this way: There is no evidence of guaranty in the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The following excerpt from the charge of the learned court below will show in a general way how the case arose and one of the questions for decision: “This suit against the Prudential Trust Company and Mr. Flint, assignees of the Pittsburg Construction Company, arises in this way: The Pittsburg Construction Company and West & Wilson, who were building contractors, contracted for the erection of five houses on Home-wood avenue, and four houses on Irwin avenue, in the city of Pittsburg. West & Wilson and the Pittsburg Construction Company proceeded with the work, but…
2Cases cited7 opinions
- Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
- Home B. & L. Ass'n v. KilpatrickSupreme Court of Pennsylvania · 1891
- Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
- Wetherill Bros. v. ErwinSuperior Court of Pennsylvania · 1900
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