Barclay v. Deckerhoof
Supreme Court of Pennsylvania
Appeal, No. 189, July T., 1891, by plaintiff, John J. Barclay, from judgment of C. P. Bedford Co., Feb. T., 1890, No. 240, on verdict for defendants, Simon Deckerhoof et al. Assumpsit on bond to charge sureties for default of builder. On the trial before Baee, P. J., the evidence was to the effect that defendant Deckerhoof, on June 19, 1888, contracted in writing to erect a dwelling for plaintiff.
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Appeal, No. 189, July T., 1891, by plaintiff, John J. Barclay, from judgment of C. P. Bedford Co., Feb. T., 1890, No. 240, on verdict for defendants, Simon Deckerhoof et al. Assumpsit on bond to charge sureties for default of builder. On the trial before Baee, P. J., the evidence was to the effect that defendant Deckerhoof, on June 19, 1888, contracted in writing to erect a dwelling for plaintiff. It was provided in this agreement that “ all alterations of the afore-mentioned plans and specifications by which the cost of the building may be either increased or diminished, shall be indorsed on…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
That a material alteration of a contract without the consent of the sureties will discharge them is a principle which is not disputed. But the appellant contends that the sureties in this case arc not discharged, because, first, the agreement between him and Deckerhoof on the 26th of September, 1888, is not an alteration of the contract of June 19,1888, for the due performance of which by Deckerhoof they became sureties; and, second, if it was an alteration of that contract it was made by the architect in the proper exercise of the powers conferred upon him by…
2Cited by4 opinions
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