Bates v. Carter Construction Co.
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1916, by defendant, from judgment of C. P. Fayette Co., June T., 1911, No. 108, on verdict for plaintiff in case of William M. Bates, now for the use of First National Bank’ of Connellsville, and William M. Bates v. Carter Construction Company, a corporation. Assumpsit on an oral contract. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $27,749.91 and judgment thereon. Defendant appealed.
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Appeal, No. 138, Jan. T., 1916, by defendant, from judgment of C. P. Fayette Co., June T., 1911, No. 108, on verdict for plaintiff in case of William M. Bates, now for the use of First National Bank’ of Connellsville, and William M. Bates v. Carter Construction Company, a corporation. Assumpsit on an oral contract. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $27,749.91 and judgment thereon. Defendant appealed. Errors assigned, among others, were the various rulings on evidence referred to in the opinion of the Supreme Court, the charge to the jury and the…
1Opinion of the Court
.Opinion by
Mr. Justice Potter,
The defendant in this case held a contract for building the Connellsville and State Line Railroad between Cumberland, Md., and Connellsville, Pa. In May, 1910, it awarded a subcontract to William M. Bates, the plaintiff, for portions of the work. The contract was verbal, but it was intended that it should be reduced to writing. Before this was done, plaintiff began work, and defendant made payments to him on account, aggregating $31,918.-54. While the work was in progress, defendant sent to plaintiff a form of written contract, and requested him to sign it. He…
2Cases cited3 opinions
- Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
- Keating v. NolanSuperior Court of Pennsylvania · 1912
- McClelland's v. West's AdministratorSupreme Court of Pennsylvania · 1872
3Cited by11 opinions
- Rosche v. McCoySupreme Court of Pennsylvania · 1959
- Hendrickson EstateSupreme Court of Pennsylvania · 1957
- Dravo Contracting Co. v. James Rees & Sons Co.Supreme Court of Pennsylvania · 1927
- Pittsburgh Die Sinkers Lodge No. 50 v. Pittsburgh Forgings Co.District Court, W.D. Pennsylvania · 1966
- Weintrob's EstateSupreme Court of Pennsylvania · 1929
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