Bayne v. Gaylord
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Jllleghany county. This was a scire facias upon a mechanic’s lien. Andrew Bayne and Thomas Laughlin, the plaintiffs in error and plaintiffs below, were house-builders, and entered, on the 29th of September 1828, into a written contract with the defendant, Thomas G. Gaylord, for the erection of a warehouse on Wood street in the city of Pittsburgh.
Read the full summary
WRIT of error to the court of common pleas of Jllleghany county. This was a scire facias upon a mechanic’s lien. Andrew Bayne and Thomas Laughlin, the plaintiffs in error and plaintiffs below, were house-builders, and entered, on the 29th of September 1828, into a written contract with the defendant, Thomas G. Gaylord, for the erection of a warehouse on Wood street in the city of Pittsburgh. The contract contained various specifications as to the dimensions, materials and structure of the building, after which followed a clause by which Bayne and Laughlin bound themselves to perform “ the…
1Opinion of the Court
The opinion of-the Court was delivered by
Gibson, C. J.
The award of money for extra work, not being made in pursuance of the submission, was properly excluded. The two arbitrators, appointed by the parties, were directed to appoint a third ; and it was agreed to abide by their decision, whether the work done, with the exception of alterations directed by the defendant, were in conformity to the contract. It is decisive against the award, that it was made but by the two original arbitrators, and without the concurrence of a third, to have been appointed by them. It might admit of a question,…
2Cases cited3 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Heck v. ShenerSupreme Court of Pennsylvania · 1818
- Gogel v. JacobySupreme Court of Pennsylvania · 1819
3Cited by7 opinions
- Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
- Miller v. KeeneSupreme Court of Pennsylvania · 1836
- Weaver v. PowelSupreme Court of Pennsylvania · 1892
- York City v. MillerSuperior Court of Pennsylvania · 1915
- Fessler v. Love & PowellSupreme Court of Pennsylvania · 1862
2 more not listed; retrieve them via the Exa API.