Cunningham v. Fourth Baptist Church
Supreme Court of Pennsylvania
Appeal, No. 127, July T., 1893, by plaintiffs, Charles Cunningham, trading as Cunningham & Co., from judgment of C. P. No. 1, Phila. Co., June T., 1890, No. 158, M. L. D., entering nonsuit in favor of defendant. Sci. fa. sur mechanic’s lien. Before Biddle, J. At the trial, it appeared that, on June 8,1889, defendant entered into a contract in writing with James Hood for certain alterations and additions to their church building.
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Appeal, No. 127, July T., 1893, by plaintiffs, Charles Cunningham, trading as Cunningham & Co., from judgment of C. P. No. 1, Phila. Co., June T., 1890, No. 158, M. L. D., entering nonsuit in favor of defendant. Sci. fa. sur mechanic’s lien. Before Biddle, J. At the trial, it appeared that, on June 8,1889, defendant entered into a contract in writing with James Hood for certain alterations and additions to their church building. The contract provided that no extra work was to be paid for unless agreed to in writing and signed by the parties to the contract. Plaintiff was a subcontractor for…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This case is here on appeal from the refusal of the court to take off the judgment of nonsuit.
It appears that in June, 1889, the corporation defendant entered into a written contract with James Hood, for certain alterations and additions to its church buildings ; in which contract it was provided that no extra work should be paid for unless agreed to in writing and signed by the parties. Plaintiffs were subcontractors under Hood for certain stone work for which they were to receive 11,900, all of which was paid after completion of the work. During the…
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