Ruple ex rel. Lewis v. Bindley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 168. Assumpsit by James L. Ruple, for use of Amos Lewis, against John C._ Bindley. The facts were these: James L. Ruple was a stair-builder; Amos Lewis was the proprietor of a planing-mill and lumber yard in the city of Pittsburgh; John C. Bindley was a builder and contractor.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 168. Assumpsit by James L. Ruple, for use of Amos Lewis, against John C._ Bindley. The facts were these: James L. Ruple was a stair-builder; Amos Lewis was the proprietor of a planing-mill and lumber yard in the city of Pittsburgh; John C. Bindley was a builder and contractor. In June 1877, Bindley was erecting a building in Pittsburgh, and Ruple made a bid to Bindley to put up the stairs for him. Bindley agreed to accept his bid at $133, provided Ruple would allow credit .for $28.12, the…
1Opinion of the CourtJustice Trunkey
The evidence was amply sufficient to warrant a jury in finding that Ruple contracted to build a flight of stairs for Bindley for $133, Bindley' to first pay out of said sum $28.15 which Ruple owed -to England & Bindley; that the order for $104.85 was given for the balance of the contract price, in consideration that *299Lewis would furnish Ruple with material and money to enable him to do the work, and they were so furnished; that Bindley had notice of the order about the time the work was commenced and before he had paid anything to Ruple; and that Bindley paid $82 to Boyd on an order given…
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