Legal Opinion

Snedaker v. Torpey

Superior Court of Pennsylvania

Decided December 13, 1909No. Appeal, No. 7PublishedCited by 6 opinions

Appeal, No. 7, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 2,234, M. L. D., for defendant non obstante veredicto in case of Frank C. Snedaker et al., Copartners, trading as Frank C. Snedaker & Company, v. John J. Torpey, Owner or Reputed Owner. Assumpsit to recover balance alleged to be due on a building contract. Before Brégy, P. J.. The facts are stated in the opinion of the- Superior Court.

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Appeal, No. 7, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 2,234, M. L. D., for defendant non obstante veredicto in case of Frank C. Snedaker et al., Copartners, trading as Frank C. Snedaker & Company, v. John J. Torpey, Owner or Reputed Owner. Assumpsit to recover balance alleged to be due on a building contract. Before Brégy, P. J.. The facts are stated in the opinion of the- Superior Court. At the trial the jury returned a verdict for $250 in favor of the plaintiffs. Subsequently the court entered judgment for defendant non obstante veredicto.…

1Opinion of the Court

Opinion by

Henderson, J.,

The defendant resisted the claim of the plaintiffs on the ground that the work and material were not in accordance with the plans and specifications according to which the work was undertaken. The plaintiffs denied a departure from the *314terms of the contract as to all of the particulars alleged by the defendant except three, and the jury found for the plaintiff on the disputed questions. The deviations admitted by the plaintiffs were that spruce instead of yellow pine horses were used to support the stairs; that the rail was fastened to the newel post with nails instead…

2Cases cited13 opinions

  1. Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
  2. Gillespie Tool Co. v. WilsonSupreme Court of Pennsylvania · 1888
  3. Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
  4. Danville Bridge Co. v. Pomroy & ColonySupreme Court of Pennsylvania · 1850
  5. Holmes v. Chartiers Oil Co.Supreme Court of Pennsylvania · 1891

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3Cited by6 opinions

  1. Kull v. MiddlemanSuperior Court of Pennsylvania · 1912
  2. A. C. Denahan & Co. v. Holmesburg Granite Co.Superior Court of Pennsylvania · 1911
  3. Beyer v. MountzSuperior Court of Pennsylvania · 1915
  4. Standard Construction Co. v. Quaker City Cracker Co.Superior Court of Pennsylvania · 1920
  5. Carey v. SeifertSuperior Court of Pennsylvania · 1910

1 more not listed; retrieve them via the Exa API.

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