Robert Grace Contracting Co. v. Norfolk & Western Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 127, Oct. T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 625, entered for want of a sufficient statement of claim in case of Robert Grace Contracting Company v. Norfolk & Western Railway Company. Assumpsit on quantum meruit based on alleged verbal agreement to complete at an earlier date work being done under written contracts. Before Shafer, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 127, Oct. T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 625, entered for want of a sufficient statement of claim in case of Robert Grace Contracting Company v. Norfolk & Western Railway Company. Assumpsit on quantum meruit based on alleged verbal agreement to complete at an earlier date work being done under written contracts. Before Shafer, P. J. The facts appear by the opinion of the Supreme Court. Defendant filed an affidavit of defense in the nature of a demurrer under the Practice Act of May 14, 1915, P. L. 483. The lower court entered…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action of assumpsit to recover a balance alleged to be due for railroad construction.
Defendant is a Virginia railroad company and plaintiff is a Pennsylvania construction corporation. In the spring of 1915 defendant awarded plaintiff contracts for the construction of two sections of railroad bed in Virginia. One of the contracts bears date of March 31st and the other April 8,1915. Each contract calls for the completion of the work on or before December 1st of that *244year. The contracts are alike in form, except as to date and reference to the…
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