Tarentum Lumber Co. v. Marvin
Superior Court of Pennsylvania
Appeal, No. 193, April T., 1915, by defendant, from judgment of O. P. Allegheny Co., April T., 1911, Ho. 466, on verdict, for plaintiff in case of The Tarentum Lumber Company v. A. N. Marvin. Assumpsit to recover a balance alleged to be due for furnishing mill Avork and rough lumber for a building operation. Before Haymaker, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 193, April T., 1915, by defendant, from judgment of O. P. Allegheny Co., April T., 1911, Ho. 466, on verdict, for plaintiff in case of The Tarentum Lumber Company v. A. N. Marvin. Assumpsit to recover a balance alleged to be due for furnishing mill Avork and rough lumber for a building operation. Before Haymaker, J. The facts are stated in the opinion of the Superior Court. Defendant presented these points: 2. That there is a material variance between the contract or contracts set forth in the statement of claim and the contract proved at the trial. Answer: Refused. (2) 4. That…
1Opinion of the Court
Opinion by
Iyephaet, J.,
This is an action of assumpsit to recover the balance due on contracts for furnishing mill work and rough lumber to appellant. From a judgment in plaintiff’s favor this appeal is taken. The errors assigned raise three questions.
Was there a material variance between the pleadings and proof? Plaintiff offered evidence to show that a list, attached to certain plans and specifications, was submitted to it asking for bids on the mill work provided for in said list; and another list was submitted for the purpose of securing bids on rough lumber;, that two estimates or prices…
2Cases cited2 opinions
- Walter v. TransueSuperior Court of Pennsylvania · 1903
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3Cited by15 opinions
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- Lineaweaver's EstateSupreme Court of Pennsylvania · 1925
- Higgins Lumber Co. v. MaruccaSuperior Court of Pennsylvania · 1946
- Calvey v. CoyerSuperior Court of Pennsylvania · 1936
- Ponti v. PhiladelphiaSuperior Court of Pennsylvania · 1916
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