Miller & Sons Co. v. Homeopathic Medical & Surgical Hospital & Dispensary
Supreme Court of Pennsylvania
Appeal, No. 246, Oct. T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1910, No. 285, for defendant n. o. v. in case of William Miller & Sons Company v. The Homeopathic Medical and Surgical Hospital and Dispensary of Pittsburgh. Assumpsit to recover a balance alleged to be due on a .building contract.
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Appeal, No. 246, Oct. T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1910, No. 285, for defendant n. o. v. in case of William Miller & Sons Company v. The Homeopathic Medical and Surgical Hospital and Dispensary of Pittsburgh. Assumpsit to recover a balance alleged to be due on a .building contract. Before Shafer, J. . The facts appear in the opinion of the Supreme Court, and in the following opinion by Shafer, J., sur defendant’s motion for a new trial and for judgment n. o. v.: The action is assumpsit for a balance claimed to be owing from defendant to plaintiff upon…
1Opinion of the Court
Opinion by
Mr. Justice Mesteezat,
The facts of the case with two or three omissions have been clearly stated by the learned judge of the court below, and will be found in the reporter’s notes. They need not be restated here.
This is an action by the contractor against the owner to recover the- cost of tearing down and rebuilding the damaged part of a building being erected by the former for the latter. The amount is not in dispute. The finding of the jury was in favor of the plaintiff and under the charge the verdict established that the alleged defect in the plans and specifications did not…
2Cases cited2 opinions
- Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Murphy v. Liberty National BankSupreme Court of Pennsylvania · 1898
3Cited by8 opinions
- Canuso v. PhiladelphiaSupreme Court of Pennsylvania · 1937
- Commonwealth v. W. P. Dickerson & Son, Inc.Commonwealth Court of Pennsylvania · 1979
- Raab Et Ux. v. BeattySuperior Court of Pennsylvania · 1929
- Cramp & Co. v. Central Realty Corp.Supreme Court of Pennsylvania · 1920
- Luria Engineering Co. v. Aetna Casualty & Surety Co.Superior Court of Pennsylvania · 1965
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