Barclay v. Deckerhoof
Supreme Court of Pennsylvania
Appeal, No. 11, July T., 1895, by defendants, from judgment of C. P. Bedford Co., Sept. T., 1893, No. 280, on verdict for plaintiff. Assumpsit on award of arbitrator. Before Gordon, P. J., specially presiding.
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Appeal, No. 11, July T., 1895, by defendants, from judgment of C. P. Bedford Co., Sept. T., 1893, No. 280, on verdict for plaintiff. Assumpsit on award of arbitrator. Before Gordon, P. J., specially presiding. At the trial it appeared that on June 19, 1888, John J. Barclay made an agreement with Simon Deckerhoof, by which Deckerhoof agreed to “ well and substantially erect, build, set up and deliver to said Barclay free and discharged of all liens or charges whatever,” one dwelling house in Bedford, Pa., at the contract price of $5,880. At the same time Deckerhoof gave Barclay a bond in the…
1Opinion of the Court
Per Curiam,
The agreement, referring to the'architect “ All disputes, however arising, and all questions of doubt as to the tenor and intention of the drawings and specifications, or of the contract,” is certainly broad enough to embrace the question whether the contractor and his sureties were bound to refund to the plaintiff the amount paid by him on the mechanic’s lien, especially in view of the clauses in the building contract by which the contractor agreed to deliver the building free from all claims, and to furnish, provide and deliver, at his own cost, all necessary materials. The…
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