Perry v. Payne
Supreme Court of Pennsylvania
Appeal, No. 192, Jan. T., 1906, by plaintiff, from order of C. P. No. 1, Pliiia. Co., March T., 1905, No. 576, refusing to take off nonsuit in case of Edward Perry v. George F. Payne and Charles G. Wetter, trading as George F. Payne & Company. Assumpsit on a bond. Before Beitler, J. The facts are stated in the opinion of the Supremo Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
By a contract in writing dated October 21, 1902, George F. Payne & Co., the defendants, agreed to erect for Edward Perry, the plaintiff and owner of the premises, a building at the southeast corner of Sixteenth and Chestnut streets; and if the site was delivered to them by a certain date they agreed to deliver the finished building to the plaintiff on December 15, 1903. By the terms of the contract Payne & Company promised to execute and deliver to Perry a bond in the sum of $140,000, indemnifying him, inter alia, “ from all loss, cost or expense .... arising…
2Cases cited5 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Johnson's Adm'x v. Richmond & Danville R. R.Supreme Court of Virginia · 1890
- Perkins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Manhattan Ry. Co. v. CornellNew York Supreme Court · 1889
- Woodbury v. PostMassachusetts Supreme Judicial Court · 1893
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- Westinghouse Electric Elevator Co. v. LaSalle Monroe Building Corp.Illinois Supreme Court · 1946
- Dilks v. Flohr ChevroletSupreme Court of Pennsylvania · 1963
- Husak v. Berkel, Inc.Superior Court of Pennsylvania · 1975
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