Blauvelt v. Kemon

Citations

• 196 Pa. 128
• 46 A. 416
• 1900 Pa. LEXIS 487

Syllabus

<p>Principal and surety — Building contract — Discharge of surety. A surety in a building contract will not be discharged because of changes made in the contract between the owner and the contractor, where the contract expressly provides that changes may be made.</p> <p>Principal and surety — Building contract — Discharge of surety — Overpayment.</p> <p>A claim of a surety on a building contract to be discharged because of overpayments at the time of the default is completely met by proof that the alleged overpayments were made for extra work.</p> <p>Principal and surety — Opening judgment — Building contract — Cost of completing work.</p> <p>On an application to open a judgment entered against a surety in a building contract, the court will not consider the question whether, the work could not have been completed for less than what the owner paid-</p> <p>Judgment — Opening judgment — Discretion of court.</p> <p>An application to open a judgment entered on warrant of attorney or on a judgment note is addressed to the equitable powers of the court below, and upon an appeal to the Supreme Court, under the Act of April 4,1877, P. L. 58, the question is whether the court below rightly exercised its. discretion on the evidence. It is a mistake to suppose that the court to which the application is made, cannot judge of the weight of the evidence and the credibility of-the witnesses but in every case where there isa. conflict of testimony, must send the case to a jury.</p>