Kunkel v. Wherry
Supreme Court of Pennsylvania
Appeal, No. 175, Oct. T., 1898, by-defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1896, No. 255, on verdict for plaintiffs. Assumpsit on a contract. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : [You observe, in my instructions, I have said nothing about the agreement for the forfeiture of $150 a day.
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Appeal, No. 175, Oct. T., 1898, by-defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1896, No. 255, on verdict for plaintiffs. Assumpsit on a contract. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : [You observe, in my instructions, I have said nothing about the agreement for the forfeiture of $150 a day. I am of the opinion, from all the evidence in the case, that that forfeiture of $150 a day, although it says penalty in liquidated damages in the bond, was not in the nature of an absolute forfeiture; that under…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The defendant was the contractor for the construction of a large ten-story building which he was required to complete in eleven months. By the terms of his contract with the owner he was to receive $100 for each day less than the time limit, and to pay $1,000 for each day that he should exceed it in the completion of the work. He entered into a contract with *201the plaintiffs for the stone and granite work. They agreed to furnish the materials and to finish the work to the top of the second story ready for the bricklayers in six weeks’ time after three stories of iron…
2Cases cited4 opinions
- Keck v. BieberSupreme Court of Pennsylvania · 1892
- March v. AllaboughSupreme Court of Pennsylvania · 1883
- Powell v. BurroughsSupreme Court of Pennsylvania · 1867
- Wolf Creek Diamond Coal Co. v. SchultzSupreme Court of Pennsylvania · 1872
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- Commonwealth v. Musser Forests, Inc.Supreme Court of Pennsylvania · 1958
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- Jones v. StevensOhio Supreme Court · 1925
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
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