Achenbach v. Stoddard
Supreme Court of Pennsylvania
Appeal, No. 275, Jan. T., 1915, by defendants, from judgment of C. P. Northampton Co., Nov. T., 1914, No. 49, on verdict for plaintiff, in case of Edwin J. Achenbach v. David Stoddard, Mahlon Stoddard and Thomas Brinton. Assumpsit for extra work alleged to have been performed under a written contract. Before Brodhead, J. The opinion of the Supreme Court states.the facts. Verdict for plaintiff for $5,016.20 and judgment thereon. Defendant appealed.
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Appeal, No. 275, Jan. T., 1915, by defendants, from judgment of C. P. Northampton Co., Nov. T., 1914, No. 49, on verdict for plaintiff, in case of Edwin J. Achenbach v. David Stoddard, Mahlon Stoddard and Thomas Brinton. Assumpsit for extra work alleged to have been performed under a written contract. Before Brodhead, J. The opinion of the Supreme Court states.the facts. Verdict for plaintiff for $5,016.20 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence and instructions to the jury.
1Opinion of the Court
Opinion by
Me. Justice Stewaet,
The questions sought to be raised on this appeal are mainly questions of fact which were for the determination of the jury. The action was to recover on an alleged promise to pay an additional price to that expressed in a written contract for certain work done by the plaintiff. Appellants are the owners as tenants in common of a certain tract of land in Northampton County. Desiring to open up a slate quarry on said tract, and it being necessary for this purpose to remove therefrom the top soil to a depth sufficient to disclose the conditions underlying, they…
2Cases cited3 opinions
- Reznor Manufacturing Co. v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1912
- Malone v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1893
- Richardson v. FlowerSupreme Court of Pennsylvania · 1915
3Cited by40 opinions
- Consolidated Tile & Slate Co. v. FoxSupreme Court of Pennsylvania · 1963
- Wagner v. Graziano Construction Co.Supreme Court of Pennsylvania · 1957
- Freeman v. Stanbern Construction Co.Court of Appeals of Maryland · 1954
- Knight v. Gulf Refining CompanySupreme Court of Pennsylvania · 1933
- Jacobs v. Wilkes-Barre Township School DistrictSupreme Court of Pennsylvania · 1946
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