Cowsill v. Vipond Construction Co.

Citations

• 250 Pa. 32
• 95 A. 317

Syllabus

<p>Contracts — Building contracts — Default—Damages—Judgment for defendant.</p> <p>1. Where in an action against a subcontractor for failing to complete certain stone work, it appeared that when defendant abandoned work a balance was due him for work already performed, and where there was evidence that plaintiff eould have completed the work for at least the amount due defendant, had he prosecuted the same without negligence and in good faith, the trial judge, who tried the case without a jury, did not commit error in entering judgment for the defendant.</p> <p>Practice, O. P. — Trials without a jury — Death of trial judge —Proceedings before successor.</p> <p>2. Where a case has been submitted to a judge without a jury under the Act of April 22, 1874, P. L. 109, and before the case .was decided the trial judge dies and the parties proceed before his successor without objection, it is too late after judgment, to insist that the agreement to waive a jury trial fell with the death of the judge before whom the case was commenced.</p>