Smith v. Levick
Supreme Court of Pennsylvania
Appeal, No. 214, Jan. T., 1893, by plaintiffs, A. J. Smith et al., from judgment of C. P. Montgomery Co., June T., 1892, No. 15, on verdict for defendants, Howard R. Levick, owner, and Frank R. Hill, contractor. Scire facias sur mecbanic’s lien. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 214, Jan. T., 1893, by plaintiffs, A. J. Smith et al., from judgment of C. P. Montgomery Co., June T., 1892, No. 15, on verdict for defendants, Howard R. Levick, owner, and Frank R. Hill, contractor. Scire facias sur mecbanic’s lien. The facts appear by the opinion of the Supreme Court. At the trial, [ilaintiff, in rebuttal, called William 'A. Common, who was asked: “Q. Do you know how long the original contract made between these parties existed and what became of it, and when this alleged contract was substituted? A. I know what Mr. Hill told me.” Objected to. Mr. Larzelere: We…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
A written contract for building the house was made by defendant and the contractor Hill in April, 1890, and presumably destroyed, though the defendant, the only witness examined on that point, does not testify to the fact from his own knowledge. Then a supplementary contract was made, which was the one in evidence, under which defendant says the work was done. He says also that this new agreement was made about May 20, and that the original was destroyed because the contractor had made no progress on the work. Plaintiff testified that he made his contract, to…
2Cases cited6 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
- Dersheimer v. MaloneySupreme Court of Pennsylvania · 1891
- Murphy v. MortonSupreme Court of Pennsylvania · 1891
- Cook v. MurphySupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morris v. RossSupreme Court of Pennsylvania · 1898
- Schmid v. Palm Garden Improvement Co.Supreme Court of Pennsylvania · 1894