Brieck Bros. v. Baziotes

Citations

• 242 Pa. 490
• 89 A. 591
• 1913 Pa. LEXIS 914

Syllabus

<p>Practice, O. P. — Assumpsit—Affidavits of defense — Insufficient averments — Building contracts.</p> <p>In an action of assumpsit to recover for extra work and materials furnished by a contractor, it appeared from the statement of claim that for extra work and materials furnished, defendant was to pay plaintiff the cost, plus ten per cent, in addition thereto. As to certain items for which claim was made,, the affidavit of defense alleged that the cost of the work and materials specified therein was unreasonably high, and in excess of the market price; that plaintiff had neglected to take proper precautions so that certain plaster furnished and laid would be substantial; that an excavation for a cellar lacked the required depth; that certain plumbing for which plaintiff claimed was embraced in the original contract and was not extra work, and that certain subcontractors, who had furnished work and materials to plaintiff, for the building, had made demand upon defendant for payment therefor. The averments as to the cost of the labor and materials were not responsive to plaintiff’s claim; there was no allegation that the plaster had been laid in an unworkmanlike manner, nor did it appear how nearly the depth of the cellar approached the required depth, what items of plumbing were included in the original contract, or that plaintiff was under any legal obligation to pay the subcontractors. On a rule for judgment for want of a sufficient affidavit of defense for so much of plaintiff’s claim as was included in the above items, the court entered judgment for plaintiff. Held, no error.</p>