Rose v. Scott
Superior Court of Pennsylvania
Appeal, No. 36, Oct. T., 1920, by defendant, from the judgment of O. P. No. 5, Phila. County, Dec. T., 1917, No. 472, on verdict for plaintiff in the ease of Charles Rose, trading as J. Rose & Son, v. Amos Scott. Assumpsit to recover for extra work done under a building contract. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. Yerdict for plaintiff for $399 and judgment thereon.
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Appeal, No. 36, Oct. T., 1920, by defendant, from the judgment of O. P. No. 5, Phila. County, Dec. T., 1917, No. 472, on verdict for plaintiff in the ease of Charles Rose, trading as J. Rose & Son, v. Amos Scott. Assumpsit to recover for extra work done under a building contract. Before Martin, P. J. The facts are stated in the opinion of the Superior Court. Yerdict for plaintiff for $399 and judgment thereon. Error assigned, among others, was the refusal of defendant’s motion for judgment non obstante veredicto. Where it was alleged that a written contract has been verbally modified, and…
1Opinion of the Court
Opinion by
Linn, J.,
In his statement of claim plaintiff alleged that he had furnished material and labor on a house belonging to defendant pursuant to a written contract; that he had been paid therefor; that he had also furnished extras — - material and labor — at defendant’s request for which defendant refused to pay and for which he sought recovery.
In his affidavit of defense, defendant denied that he had ordered the extras and that any were furnished; he averred that plaintiff had been paid all that was due to him.
The issue so made, therefore, was whether defendant expressly or impliedly…
2Cases cited4 opinions
- Cramp & Co. v. Central Realty Corp.Supreme Court of Pennsylvania · 1920
- Shultz v. SeibelSupreme Court of Pennsylvania · 1904
- Cunningham v. Fourth Baptist ChurchSupreme Court of Pennsylvania · 1893
- Spencer v. ConradSuperior Court of Pennsylvania · 1910
3Cited by3 opinions
- Carl v. Grand Union Co.Superior Court of Pennsylvania · 1932
- Lever v. LagomarsinoSupreme Court of Pennsylvania · 1924
- Fawley v. KnightSuperior Court of Pennsylvania · 1930