Murphy v. Pitt Construction Co.
Superior Court of Pennsylvania
Appeal, No. 183, Oct. T., 1912, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1911, No. 282, on verdict for plaintiff in case of William H. Murphy v. Pitt Construction Company. Assumpsit for breach of contract.
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Appeal, No. 183, Oct. T., 1912, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1911, No. 282, on verdict for plaintiff in case of William H. Murphy v. Pitt Construction Company. Assumpsit for breach of contract. Before Gillan, P. J. At the trial there was evidence that defendant had contracted with the plaintiff that the latter should quarry and crush stone for the construction of a sewage destruction plant at Chambersburg, and that the defendant had subsequently refused to permit defendant to do the work. When the plaintiff was on the stand he was asked this question: “Q. How…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action is for damages for refusal by the defendant to perform a contract entered into by it with the plaintiff according to which the latter agreed to quarry and crush stone to be used in a structure which the defendant was erecting for the borough of Chambersburg. The work was to have been undertaken on May 15, and completed prior to October f, 1911. When the contract was made the plaintiff had a stone crusher in use at Carlisle. For the purpose of carrying out his contract he shipped this crusher to Chambersburg and was in the act of removing it to…
2Cases cited4 opinions
- American Life Insurance v. McAdenSupreme Court of Pennsylvania · 1885
- Erie City Iron Works v. Barber & Co.Supreme Court of Pennsylvania · 1884
- Meacham v. GardnerSuperior Court of Pennsylvania · 1905
- Rogers v. Davidson, Pennsylvania Court of Common Pleas, Warren County1891
3Cited by2 opinions
- Bastian v. Marienville Glass Co.Supreme Court of Pennsylvania · 1924
- Clement Martin, Inc. v. GusseySuperior Court of Pennsylvania · 1959