Jacobson v. Lupowitz
Superior Court of Pennsylvania
Appeal, No. 91, Oct. T., 1915, by defendants, from order of O. P. No. 1, Philadelphia Co., Dec. T., 1915, No. 626, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Benjamin Jacobson v. Joseph Lupowitz and Isaac Solomon. Assumpsit for material and labor furnished and delivered.
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Appeal, No. 91, Oct. T., 1915, by defendants, from order of O. P. No. 1, Philadelphia Co., Dec. T., 1915, No. 626, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Benjamin Jacobson v. Joseph Lupowitz and Isaac Solomon. Assumpsit for material and labor furnished and delivered. Rule for judgment for such portion of plaintiff’s claim as to which the affidavit of defense is insufficient with leave to proceed for balance. - The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff for $875.
1Opinion of the Court
Opinion by
Henderson, J.,
This action arises out of a contract between the plaintiff and the defendants by the terms of which the former agreed to furnish the material and labor necessary to install the plumbing and gas fittings in seventy-seven houses about to be erected by the defendant. The consideration to be paid was $11,000, nine hundred dollars thereof to be paid by the conveyance of lot No. 14 on the defendants’ building plan, the premises being subject to two mortgages. During the progress of the work differences arose between the parties in regard to the quality of the work and…
2Cases cited3 opinions
- Durham v. WickSupreme Court of Pennsylvania · 1904
- Goodwin v. HecklerSupreme Court of Pennsylvania · 1916
- Grunwald v. HahnSupreme Court of Pennsylvania · 1896