American Structural Steel Co. v. Annex Hotel Co.

Citations

• 226 Pa. 461
• 75 A. 669
• 1910 Pa. LEXIS 797

Syllabus

<p>Practice, C. P. — Rules of court — Set-off—Evidence—Notice—Building contract — Delay.</p> <p>1. A rule of court which requires a defendant who files a specification of set-off to notify the plaintiff thereof Within fifteen days after filing the same, applies to a claim by a defendant for damages resulting from the plaintiff’s delay in completing the building contract on which the suit was brought.</p> <p>Rules of court — Construction—Review.</p> <p>2. A court is the best exponent of its own rules, and an appellate court will not reverse the construction by a lower court of its own rules, unless such construction is manifestly erroneous and injurious.</p> <p>Contract — Building contract — Ambiguity—Duty of architect — Evidence.</p> <p>3. Where a building contract prepared by the owner’s architects has been revised, and the building has been erected according to the revised plans, and the work has been approved by the architects, the owner cannot in a suit against him to recover a balance due on the contract show that the new plans required less steel, and that the architects were not authorized to draw the plans in that way.</p>