Mckenna v. Vernon

101 A. 919 (Pa. 1917)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P made a contract with D to build a motion picture theater. The compensation, of $7,750.00, was to be paid by D to P wholly upon certificates of the architect as follows: Eighty per cent. of the work set in place as the work proceeds, the first payment within thirty days after the completion of the work; all payments to be due when certificates of the same shall have been issued by the architect; the building to be completed by April 20, 1914, and the work to be done under the direction of the architect. An addendum was entered into for an enlargement of the theatre building, for which P was to receive an additional $1,000.00. The work was to be completed on or before the 11th of May, 1914. As the work progressed, D made several payments on account, amounting in all to $6,000.00. P sued to recover the balance of $2,750.00, with interest from June 30, 1914. D defended on grounds that P failed to erect and complete the building in accordance with the plans and specifications, the substituting of inferior and cheaper materials, and inferior workmanship throughout, entailing for the supply and correction of the same, if attempted, a large expenditure. D also claimed that the building was not completed within the time allowed by the contract, and demanded as a set-off a penalty of $283.35. The trial resulted in a verdict for the plaintiff for $2,500.00. At the conclusion of the evidence, D asked for a compulsory nonsuit, which was refused. D appealed.