Sturts v. Ziegler
Superior Court of Pennsylvania
Appeal, No. 163, Oct. T., 1909, by defendant, from judgment of C. P. No. 5, Pbila. Co., June T., 1908, No. 203, on verdict for plaintiff in case of Ernest H. Sturts v. John M. Ziegler. Assumpsit on a building contract. Before Staake, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,298.50. Defendant appealed. Errors assigned were (1-41) various rulings on evidence and various.instructions.
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant submitted a written offer to build on a lot eighteen by eighty-eight feet a two-story brick stable of the size of the lot as per a plan furnished by the plaintiff for the sum of $3,046. After a conference between the parties and a modification of some minor matters the offer was accepted on January 9, 1908, and work thereon was promptly begun. The sum of $1,700 was paid during the progress of the work, and when the defendant took possession of the stable about April 15, 1908, he refused to make any further payment for the reason that the contract plan had…
2Cases cited11 opinions
- Gillespie Tool Co. v. WilsonSupreme Court of Pennsylvania · 1888
- Pile v. PedrickSupreme Court of Pennsylvania · 1895
- Bryant v. StilwellSupreme Court of Pennsylvania · 1855
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1881
- Gallagher v. SharplessSupreme Court of Pennsylvania · 1890
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