Gessler v. Graham

Citations

• 234 Pa. 586
• 83 A. 429
• 1912 Pa. LEXIS 691

Syllabus

<p>Contract — Sale—Cemetery monument — Compliance with contract — Evidence—Charge of court.</p> <p>In an action to recover the price of a monument, where the defense was that the granite used was not the kind stipulated, and that there were substantial defects in material and workmanship, the trial judge properly charges that the plaintiffs were bound to furnish the kind of granite specified, and if they did not they could not recover; and if they furnished the kind specified, but that the workmanship although not perfect, substantially complied with the contract, the plaintiff might recover the contract price less an allowance for minor defects.</p>