McNally v. Jenkinson
Superior Court of Pennsylvania
Appeal, No. 145, Oct. T., 1907, by defendant, from judgment of C. P. No. 5, Phila. Co., March Term, 1906, No. 1,249, on verdict for plaintiff in case of Robert J. McNally v. Acis Jenkinson. Assumpsit for plumbing work. Before Staake, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $216.87. Defendant appealed.
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Appeal, No. 145, Oct. T., 1907, by defendant, from judgment of C. P. No. 5, Phila. Co., March Term, 1906, No. 1,249, on verdict for plaintiff in case of Robert J. McNally v. Acis Jenkinson. Assumpsit for plumbing work. Before Staake, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $216.87. Defendant appealed. Errors assigned among others were (1) portion of charge, quoted in the opinion of the Superior Court; (4) in refusing binding instructions for defendant. — It was clear error to state to the jury that the cases which refer to an…
1Opinion of the Court
Opinion by
Orlad y, J.,
After an inspection of the premises, as testified to by the plaintiff, he entered into an agreement with the defendant to do certain work in the nature of general repairs to the plumbing and hot water service, at his residence in Germantown, using certain old material, with the understanding that the work should be done to the satisfaction of the defendant; in the language of the defendant the plaintiff stated, “I will do you a good job, a first class job to your entire satisfaction, and will use what pipe is fit to be used.” There does not seem to be any contention as…
2Cases cited5 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Adams Radiator & Boiler Works, Ltd. v. SchnaderSupreme Court of Pennsylvania · 1893
- Howard v. SmedleySupreme Court of Pennsylvania · 1891
- Meacham v. GardnerSuperior Court of Pennsylvania · 1905
- Delahunty Dyeing Machine Co. v. Pennsylvania Knitting MillsSuperior Court of Pennsylvania · 1902
3Cited by1 opinion
- Solomon v. FordSuperior Court of Pennsylvania · 1932