Ambler v. Phillips
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 108 July Term 1889, Sup. Ct.; court below, No. 1001 June Term 1887, C. P. No. 3. On September 3,1887, Henry C. Ambler brought assumpsit against Ferdinand Phillips and others, trading as Phillips, Townsend & Co., to recover upon a contract for excavation and stone-work done by the plaintiff for the defendants. Issue.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 108 July Term 1889, Sup. Ct.; court below, No. 1001 June Term 1887, C. P. No. 3. On September 3,1887, Henry C. Ambler brought assumpsit against Ferdinand Phillips and others, trading as Phillips, Townsend & Co., to recover upon a contract for excavation and stone-work done by the plaintiff for the defendants. Issue. At the trial on October 1, 1888, it was shown that on March 28, 1887, the plaintiff made to the defendants a written proposal to do certain work in the erection of a factory building, as follows:…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The contract in this case was in writing. The plaintiff agreed to do the excavating or digging for fifty cents per cubic yard. There was no provision that a higher price was to be charged for rock excavation, and the contract is silent as to the depth. The plaintiff testified that it was not to exceed four feet. The defendant, Phillips, contradicted this, and said he informed plaintiff that “ at particular places the foundation would have to go exceedingly deep. ... I asked him to give *173me a general price; tbe foundations might be of any depth.” The plaintiff…
2Cases cited3 opinions
- Cope v. DoddSupreme Court of Pennsylvania · 1850
- Corcoran v. ChessSupreme Court of Pennsylvania · 1890
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