Coon v. Citizens Water Co.

Citations

• 152 Pa. 644
• 25 A. 505
• 1893 Pa. LEXIS 1034

Syllabus

<p>[Marked to be reported.]</p> <p>Contract — Clause referring dispute to chief engineer of one of the parties —Effect thereof on right to sue — Evidence.</p> <p>A contract for building a reservoir specified the manner of its construction minutely and provided that the chief engineer of one of the parties should decide all questions that might arise, and that his estimate and decision should be final. In an action for the balance of the contract price, it appeared that the engineer, after repeated requests, neglected to sign final estimate, but there was evidence to show the presence of the engineer while the work was progressing, and the acceptance of the plant as a whole by the officers of defendant. Held, that it was a question for the jury, upon the credibility and weight of the testimony, whether the chief engineer and the defendant had in fact accepted the work.</p> <p>Substantial pérformanee — Changes and repairs.</p> <p>It is not error to instruct the jury that if they find plaintiffs tried in good faith to construct and did in fact construct the work in conformity with the contract, they were entitled to a verdict; and that if they find there had been a substantial compliance, and the repairs and changes subsequently made were not due to defective work of plaintiffs, they were not chargeable with the cost thereof.</p>