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· 3/2/1918

Henon v. Vernon

Citations

  • 68 Pa. Super. 608
  • 1918 Pa. Super. LEXIS 149

Syllabus

<p>Contract — Architect—Supervision of building — Collusion with contractor — Evidence.</p> <p>An architect impliedly contracts with his employer that he has the ordinary 'skill, knowledge and judgment possessed by men of his profession, and that he will use this skill, care and judgment in the interest of his employer, and will act with perfect honesty; and if a loss occurs from collusion between himself and the contractor, he is liable to his employer.</p> <p>In an action by an architect to collect an alleged balance due for preparing plans for a building, and supervising the construction thereof, it is proper to permit the defendant to show that the plaintiff through collusion allowed the contractor to depart from the plans without the defendant’s knowledge or consent, that a loss had resulted, and the amount of such loss. Such evidence, although contradicted, is for the jury.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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