Colgan v. O'Rourke

Citations

• 215 Pa. 308
• 64 A. 529
• 1906 Pa. LEXIS 786

Syllabus

<p>Contract — Building contract — Rescission—Subcontractor.</p> <p>A contractor for a building operation excavated the cellars of the houses, and had the cellar walls built by another person. He then entered into a contract with a subcontractor for the superstructures. When the buildings were nearly up, one of the walls fell, and the contractor addressed a joint letter to the builder of the cellar walls and to the subcontractor for the superstructures, in which he notified them that he would hold liable whichever one of them was chargeable for the fall of the wall, and further stated that he would employ new contractors to do the necessary work. The contractor subsequently completed the operation himself. In an action by the subcontractor against the contractor, the court left it to the jury to determine whether the fall of the building resulted solely from the defective and improper cellar walls, or whether it was due to the failure of the plaintiff to do his work properly. Held, that a verdict and judgment for plaintiff should be sustained.</p>