Holscher v. Ingalls Stone Co.

Citations

• 66 Pa. Super. 76
• 1917 Pa. Super. LEXIS 197

Syllabus

<p>Contract — Building contract — Certificate of architect.</p> <p>If an individual is selected in an executory contract, such as a building contract, to pass upon certain claims, or perform certain acts which determine questions between contracting parties, and the person so selected refuses to act, the parties are remitted to the ordinary rules of evidence and procedure to establish their claims.</p> <p>Where a contract between a subcontractor and a contractor of a building operation provides that no allowance for delay shall be made to the subcontractor “unless a claim therefor is presented to the architect and the contractor within forty-eight hours after the occurrence of the delay,” and the subcontractor submits a claim within the time specified to the architect of the builder who refuses to act, and also submits a claim within the time to the recognized representative of the contractor, he may maintain his claim for delay in an action at law, although he has secured no certificate from the architect.</p> <p>In such a case where it appears that the delay was due to matters entirely outside of the subcontractor’s contract, ■ and were attributable to the contractor or other subcontractors, it is proper to submit the subcontractor’s claim to the jury.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>Where an answer is made by a witness before objection is made to the question propounded to him, and no motion is made to strike out the testimony of the witness, the answer cannot be made the basis of an assignment of error.</p>