Donahue v. Connor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term 1880, No. 160. Assumpsit by William J. Connor against John Donahue and John Shields, trading as Donahue & Shields. The suit, as originally commenced, was in foreign attachment. The declaration was filed with the common counts, in assumpsit, to which the defendants pleaded the general issue. Donahue & Shields had a contract to grade the road-bed of the Allentown Turnpike.
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Error to the Court of Common Pleas of Lehigh county: Of January Term 1880, No. 160. Assumpsit by William J. Connor against John Donahue and John Shields, trading as Donahue & Shields. The suit, as originally commenced, was in foreign attachment. The declaration was filed with the common counts, in assumpsit, to which the defendants pleaded the general issue. Donahue & Shields had a contract to grade the road-bed of the Allentown Turnpike. They made a contract with Connor to do the work on about two miles of the road for $9300. The latter commenced the work, but after some time, discovered he…
1Opinion of the CourtJustice Paxson
1. The first assignment of error is not sustained. If the allegation of the plaintiff was correct, that he was not confined to the contract price, but was entitled by a subsequent agreement of the parties to recover the actual cost of the work, the offer to prove the entire amount of the expenditure from the beginning was clearly admissible.
2. The pay-roll was not competent as a book of original entries. It did not charge the defendants with anything, and was res inter alios aeta. Some of the entries were not made by the plaintiff. But he testified that it showed the amount paid for labor,…
2Cited by4 opinions
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- Kamm v. ReesCourt of Appeals for the Ninth Circuit · 1910
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