Harrison v. Reeves

Citations

• 160 Pa. 134
• 28 A. 653
• 1894 Pa. LEXIS 782

Syllabus

<p>Building contract — Price — Meaning of “ within ” specified figures— Architect as arbitrator — Question for court.</p> <p>A building contract contained this provision: “The new tiles for fireplace fronts and hearths to be estimated at $40.00 each, each fireplace set complete, and the grates or backs and jambs are to be included also in this proposal at $40.00 each. The owner is to have the privilege of selecting all these articles within the above figures.” Plaintiffs, subcontractors, proposed to put,in the tiles, and the owner selected tiles of less price than $40.00. The architect directed plaintiffs to put in the tiles at the less price named, and to do it as part of the contract with the builders, reporting it to them. Held : (1) That the owner had a right under the contract to select tiles less in value than $40.00; (2) that the question whether she did so, and what was the price of those selected was for the jury; and (3) that the decision as to whether she had a right to select tiles of less value than $40 was probably nol'within the function of the architect acting as arbitrator, but that evidence as to the action of the architect should have been received, leaving the consideration of it for the court upon all the testimony.</p>