Anastasi v. Devlin

Citations

• 76 Pa. Super. 240
• 1921 Pa. Super. LEXIS 128

Syllabus

<p>Contracts — BmldAng contracts — Payments—Amount due — Case for jury.</p> <p>In an action to recover a balance alleged to be due on certain building contracts, the case is for the jury and a verdict for the plaintiff will be sustained, where the claim is for work done and material furnished, and the defense is that the work was unsatisfactory and of a character to warrant the owner in excluding- the builder from the premises and preventing the completion of the work.</p> <p>In such case, instructions to the jury that if the plaintiff performed the work in accordance with the terms of the contract he was entitled to recover the contract price, less the amount which it would have reasonably cost him to finish the work and such payments as the defendant had made, with further instructions that if the jury found that the work was not properly done the contract was violated by the plaintiff and the latter could not recover, are without error.</p>