Galey ex rel. Smith v. Mellon

Citations

• 172 Pa. 443
• 33 A. 560
• 1896 Pa. LEXIS 797

Syllabus

<p>Contract — Personal performance of work — Assignment of contract— Might to use contractor's name as legal plaintiff.</p> <p>Where under a contract for drilling an oil well, it appears that the work required the labor and attention of a number of men, and the personal performance of the work by the contractor was not contemplated by the parties at the time the contract was made, the contractor may assign the contract, and his assignee, after completing the work, has the right to use the contractor’s name as legal plaintiff in an action to recover for the work done under the contract.</p>