Consolidated Tile & Slate Co. v. Fox

Opinion by

Mr. Justice Eagen,

The plaintiff entered into a written agreement, as a subcontractor, to provide the labor and material for ceramic tile work in an apartment building for which the defendants were the general contractors. This action of assumpsit sought recovery of the balance due under the agreement and an additional sum allegedly due for extra material and labor supplied at the defendants’ request and for which they allegedly agreed to pay beyond the sum stipulated in the contract. The jury found in plaintiff’s favor in the sum of $32,324.50. Following the denial of a motion for a…