Jacobson v. Lupowitz

Citations

• 66 Pa. Super. 1
• 1917 Pa. Super. LEXIS 177

Syllabus

<p>Contract — Building contract — Materials and labor — Conveyance of a house as part payment — Tender of deed after suit brought— Affidavit of defense — Practice, C. P.</p> <p>In an action to recover a balance alleged to be due to the plaintiff for furnishing to the defendants material and labor necessary to install the plumbing and gas fittings in a building operation covering a number of houses, it appeared that the consideration to be paid was $11,000 of which $900 was to be paid by the conveyance of one of the houses. This conveyance was to be made when plaintiff had finished “$4,800 worth of labor under this contract.” As the work progressed'disputes arose between the parties, and after $4,800 worth of labor had been furnished the parties entered into a compromise agreement by which plaintiff agreed to accept $2,930 although he claimed a sum larger than $2,930 plus the value of the equity in the house. The defendant paid the amount agreed upon in the settlement, but refused to make the conveyance of the house. Plaintiff therefore brought suit to recover the value of the equity in the house. After suit was brought the defendant tendered a conveyance of the house. The defendants also claimed a set-off by reason of failure of the plaintiff to do certain work he agreed to do under the compromised settlement. Plaintiff entered rule for judgment for want of a sufficient affidavit of defense as to part of the claim. The court allowed a defense as to the set-off, but entered judgment for the plaintiff for the balance. Held, (1) that the compromise agreement had nothing to do with the conveyance of the housé; (2) that the tender of the conveyance after suit brought did not defeat plaintiff’s right to a money judgment; and (3) tbat tbe disposal of tbe rule for judgment by tbe court below was proper.</p>