Duke v. North Penn Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1907, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1906, No. 104, on case tried by the court without a jury in suit of Ií. T. Duke to use of the Norristown Trust Company v. North Penn Gas Company. Assumpsit on a written contract.
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Appeal, No. 337, Jan. T., 1907, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1906, No. 104, on case tried by the court without a jury in suit of Ií. T. Duke to use of the Norristown Trust Company v. North Penn Gas Company. Assumpsit on a written contract. The case was tried by the court without a jury under the act of April 22, 1874. The court in an opinion by Swartz, P. J., found in favor of the plaintiff and against the defendant for $1,789.49. Errors assigned were in dismissing exceptions to various findings of fact and conclusions of law.
1Opinion of the Court
Per Curiam,
This was an action on a written contract to furnish and lay gas pipe for the defendant at a stipulated price, and was tried by the court without a jury. It is conceded that the use plaintiff was entitled to recover the amount of money it advanced the contractor on the faith of statements contained in a letter written by the defendant’s president, which he knew was to be used for the purpose of obtaining advances. The right to recover the contract price was resisted on the ground that the work had not been properly done. We are asked to set aside the finding that there was a…
2Cited by3 opinions
- McDonald Construction Co. v. GillSupreme Court of Pennsylvania · 1926
- Philadelphia Inquirer Co. v. SabiaSuperior Court of Pennsylvania · 1926
- Costello v. LongSuperior Court of Pennsylvania · 1915