Van Leuven v. Holmes
Superior Court of Pennsylvania
Appeal, No. 38, Jan. T., 1900, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1898, No. 1433, on verdict for plaintiff. Opinion by Beaver, J. Assumpsit. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 38, Jan. T., 1900, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1898, No. 1433, on verdict for plaintiff. Opinion by Beaver, J. Assumpsit. The facts sufficiently appear in the opinion of the court. The trial court charged the jury in part as follows : The allegation of the defendant here is that he is not liable in this action by this workman, for the reason that he had a contract with Alvin Holmes, the contractor; [and that while he did promise to pay workmen who did the work upon the house, he never promised to pay beyond the amount called for in the contract; ]…
1Opinion of the Court
Opinion by
Beaver, J.,
The defendant by an agreement in writing contracted for the erection of a house. He paid for materials and labor upon orders drawn by the contractor. The plaintiff was a mechanic who worked upon the house; the orders drawn by the contractor for Ms wages were regularly paid by the defendant, until that for the last work done by him which was not paid upon presentation, but which plaintiff testifies he promised to pay after collecting the unpaid bills for which he was liable. There is evidence also that he made a distinct promise to pay the workmen at the time when a…
2Cases cited3 opinions
- Bailey v. MarshallSupreme Court of Pennsylvania · 1896
- Crawford v. PyleSupreme Court of Pennsylvania · 1899
- Malone v. KeenerSupreme Court of Pennsylvania · 1862
3Cited by4 opinions
- Alpha Portland Cement Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1924
- Stein v. SlomkowskiSuperior Court of Pennsylvania · 1920
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
- Rancil v. KrohneSuperior Court of Pennsylvania · 1906