Foye v. Lilley Coal & Coke Co.

Citations

• 251 Pa. 409
• 96 A. 987
• 1916 Pa. LEXIS 479

Syllabus

<p>Contracts — Construction contracts — Extra work — Manholes— Cost — Recovery—Instructions to the jury.</p> <p>1. A contractor entered into a contract with a mining company for certain construction work, wherein it was provided that the contractor should undertake “any extra work that may be required by the engineer arising out of a modification of the plans and details that may appear necessary.” Attached to the contract were the plans and specifications on which the contractor had bid as well as a blue print calling for certain manholes which were not called for by the contract or specifications. At the request of defendant’s engineer plaintiff later built the manholes and brought an action to recover the cost thereof after he had been paid the amount of his original bid. There was testimony in the case tending to show that the blue print calling for the manholes was attached to the contract in order that they could be conveniently located in case the company should desire that they should be built. Defendant’s engineer testified that he regarded the manholes not as part of the original contract but as extra work and stated that he allowed plaintiff $182 therefor. Defendant requested the court to charge the jury that the manholes were part of the regular work contemplated by the contract and that the amount allowed by the engineer in payment therefor was a mere gratuity. The trial judge refused so to charge the jury. Held, no error.</p> <p>2. Where in such case, it was provided that the contractor should abide by the price or prices for extra work fixed by defendant’s engineer, “provided he commence work with a full knowledge of the same,” but where it appeared that the price was not fixed by the engineer before plaintiff undertook the work, and that plaintiff was finally told by the engineer to go ahead with the work and keep account of the cost, it was not error to permit the plaintiff to testify to the value and price of the work in connection with the constru