Clymer-Jones Lithograph Co. v. United States Fashion & Sample Book Co.

Citations

• 48 Pa. Super. 636
• 1912 Pa. Super. LEXIS 425

Syllabus

<p>Contract — Printing—Defendant’s supervision of work- — Absence of warranty.</p> <p>1. In an action to recover money alleged to be due for printing, if it appears that the printing was done from plates furnished by the defendant, and that the work was done under the direction and supervision of an authorized representative of the defendant, and according to methods and plans which he approved, then, in- the absence of a warranty, the defendant cannot complain of the quality of the completed work.</p> <p>Practice, C. P. — Pleading—Statement of claim — Contract—Variance.</p> <p>2. Where in an action of assumpsit the plaintiff does not declare expressly on an oral contract, proof produced at the trial that the contract was in writing, does not constitute a variance.</p> <p>3. Where the plaintiff in an action of assumpsit for work done attaches to his statement of claim an exhibit purporting to be a true and accurate copy of the book of original entries, he may produce at the trial, without being charged with a variance, as evidence of the contract, letters, some of which were in his own possession, and others of which were in the possession of the defendant and produced at the trial on call. Under such circumstances the fact that the letters had not been attached to the statement of claim is immaterial.</p>