Brown v. Burr

Citations

• 160 Pa. 458
• 28 A. 828
• 1894 Pa. LEXIS 828

Syllabus

<p>Contract — Architect—Evidence—Certificate—Proof of contents.</p> <p>Plaintiff sued to recover the unpaid balance due him for work in preparing plans and drawings for a building erected by defendant. Defendant alleged that the plant for heating the building was unsatisfactory, and that as this had been built after drawings made by plaintiff, the fault was his and the loss to defendant should be set off against his demand. After the heating works were put in, plaintiff gave to the plumber a certificate to show that the work was finished in accordance with the plans. Held, that the mere fact of the giving of the certificate was not sufficient to charge plaintiff with liability, but that the certificate itself must be produced in evidence, or accounted for; and that plaintiff’s answer that he had given a certificate of a general character could not be used as proof of the contents of the certificate without some further showing.</p> <p>Payment— Evidence— Question for jury.</p> <p>In the above case plaintiff acknowledged that he had received two hundred dollars. Defendant produced a check indorsed by plaintiff showing a payment of one hundred and fifty dollars. Held, that the question whether the check was part of the two hundred dollars, or in addition thereto, was a question of fact for the jury.</p>