Legal Opinion

Jacob v. Weisser

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 45PublishedCited by 15 opinions

Appeal, No. 45, Oct. T., 1903, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 147, on verdict for plaintiff in case of John Jacob v. F. S. Weisser. Assumpsit on a building contract. Before Brown, J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 45, Oct. T., 1903, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 147, on verdict for plaintiff in case of John Jacob v. F. S. Weisser. Assumpsit on a building contract. Before Brown, J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: [The burden is upon the contractor, the plaintiff, to show that the work was performed under the direction and to the satisfaction of Rieger & Currier, the architects and agents of the owner, the defendant in this action. The final certificate, presumably correct until the…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action brought to recover the balance due upon a building contract. The plaintiff agreed to erect a brick building for defendant upon a lot in Brushton, a part of the city of Pittsburg. By the terms of the written contract between the parties, the work was to be done, according to the plans and specifications, “under the direction and to the satisfaction of Rieger & Currier, architects, acting for the purposes of this contract as agents for the owner,” and all payments were to be made “ upon written certificates of the architects to the effect that…

2Cases cited1 opinion

  1. Chandley Bros. v. Cambridge Springs BoroughSupreme Court of Pennsylvania · 1901

3Cited by15 opinions

  1. Emmaus Municipal Authority v. EltzSupreme Court of Pennsylvania · 1964
  2. Lehigh Coal & Navigation Co. v. Central R. of New JerseyDistrict Court, E.D. Pennsylvania · 1940
  3. Hassler v. Columbia Gas Transmission Corp.Supreme Court of Pennsylvania · 1983
  4. Continental Milling & Feed Co. v. Doughnut Corp. of AmericaCourt of Appeals of Maryland · 1946
  5. Scholler Bros. v. Otto A. C. Hagen Corp.Superior Court of Pennsylvania · 1945

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