Cowsill v. Vipond Construction Co.
Supreme Court of Pennsylvania
Appeal, No. 194, Jan. T., 1914, by plaintiff, from judgment of O. P. Blair Co., March T., 1914, No. 338, on submission to court without a jury, in case of Arthur Cowsill v. John Yipond, trading and doing business as The Yipond Construction Company. Assumpsit for breach of a contract to furnish stone work.
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Appeal, No. 194, Jan. T., 1914, by plaintiff, from judgment of O. P. Blair Co., March T., 1914, No. 338, on submission to court without a jury, in case of Arthur Cowsill v. John Yipond, trading and doing business as The Yipond Construction Company. Assumpsit for breach of a contract to furnish stone work. Baldrige, P. J., filed the following opinion: This action grew out of a contract providing for the furnishing of necessary labor and material for the stone work in connection with the construction of a United States court house and post office building, in Cumberland, Maryland. A jury was…
1Opinion of the Court
Per Curiam,
We have not been convinced that any reversible error was committed on the trial of this case, and the judgment for the defendant properly followed the facts found, especially the ninth, which is that “the plaintiff could have furnished the necessary materials and completed the work contemplated and covered in the written agreement had he prosecuted the work without negligence and in good faith, and with ordinary diligence, for at least, the sum due the defendant.”
In waiving a jury trial the parties agreed to submit the case to Hon. Martin Bell, the then president judge of the court…
2Cited by4 opinions
- Hyman v. BorockSuperior Court of Pennsylvania · 1967
- Clark v. DavidsonSuperior Court of Pennsylvania · 1924
- Barnes & Tucker Coal Co. v. VozarCourt of Appeals for the Third Circuit · 1915
- Labyoda v. StineSuperior Court of Pennsylvania · 1982