Legal Opinion

Pittsburg Terra-Cotta Lumber Co. v. Sharp

Supreme Court of Pennsylvania

Decided March 13, 1899No. Appeal, No. 370PublishedCited by 11 opinions

Appeal, No. 370, Jan. T\, 1898, by defendant, from judgment of C. P. No. 1, Phila. Co., Deo. T., 1893, No. 337, M. L. D., on verdict for plaintiff. Assumpsit on a building contract. Before B EÉGY, J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 370, Jan. T\, 1898, by defendant, from judgment of C. P. No. 1, Phila. Co., Deo. T., 1893, No. 337, M. L. D., on verdict for plaintiff. Assumpsit on a building contract. Before B EÉGY, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: If the plaintiff had come here with a certificate of the architect that the work had been done to Ids satisfaction, he having so much on account, and the balance being so much, why, of course, there would he no trouble about it. There would probably be nothing for us bo try. [But the plaintiff' comes here…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

On July 19, 1892, the plaintiff entered into a written contract with defendant to furnish to him for the Metropolo Hotel on Broad street, Philadelphia, then being built, all the fireproofing material, roof block covering and partitions, at the price of #19,500, eighty per cent of the monthly work to be paid monthly; one half the retained twenty per cent to be paid when building was completed, and remaining half within ninety days thereafter. All work to he done under the direction of Angus S. Wade, defendant’s architect, and further, payments to be made on…

2Cited by11 opinions

  1. Bush v. JonesCourt of Appeals for the Third Circuit · 1906
  2. Thaler Bros. v. Greisser Construction Co.Supreme Court of Pennsylvania · 1911
  3. McAvoy & McMichael, Ltd. v. Commonwealth Title Insurance & Trust Co.Superior Court of Pennsylvania · 1905
  4. Zimmerman v. MarymorSupreme Court of Pennsylvania · 1927
  5. Cope v. BeaumontCourt of Appeals for the Third Circuit · 1910

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