Hauck v. Mumma

Citations

• 70 Pa. Super. 380
• 1918 Pa. Super. LEXIS 256

Syllabus

<p>Contract — Breach—Case for jury.</p> <p>In an action to recover the price of a heating plant, the case is for the jury and a judgment on a verdict for plaintiff will be sustained where the evidence justifies a finding that from the first the plant entirely failed to perform what it was warranted and designed to do, and that complaints of its defects by the defendant and his refusals to pay for it were constantly met by further assurances of the plaintiff that the plant would be made satisfactory, and that the defendant would not be required to pay until it was made to do so.</p>