Bolton v. Central Trust & Savings Co.

Citations

• 42 Pa. Super. 605
• 1910 Pa. Super. LEXIS 390

Syllabus

<p>Contract — Construction—Work to be satisfactory to another.</p> <p>1. Where one party contracts to perform certain work to the satisfaction of another it is to the judgment of the latter he submits the question whether or not the work has been done according to the contract. The judgment, however, contemplated by the rule must be reached honestly and in good faith. It cannot be the result of mere whim or caprice, or a subterfuge to avoid the payment of money really due; much less can it be the offspring of any collusion or fraud.</p> <p>2. Where a contractor agrees to plaster fifty-four houses to the satisfaction of the owner and his guarantor, and the latter receives from the owner money sufficient to pay the plasterer, and payments are made from time to time without any expression of disapproval of the work, and the last payment is refused by the guarantor on the ground of insufficiency of funds, the case is for the jury to determine whether or not the dissatisfaction with the work shown by the guarantor at thé trial is not a mere subterfuge to relieve the guarantor from the obligation to pay.</p>