Koch v. Kuhns

Citations

• 6 Pa. Super. 186
• 1897 Pa. Super. LEXIS 334

Syllabus

<p>Building contract — Submission to architect — Ripie of mason's workmanship — Evidence.</p> <p>A building contract provided that all the mason work shall be measured by the architect according to rule of mason’s workmanship. Held, in a controversy as to the amount due the mason, that the contract properly interpreted imposed upon the architect the duty to observe the rule of mason’s workmanship in his measurement, and offers of evidence tending to show that the measurements certified by the architect had failed to apply the rule, are admissible. In order to oust the jurisdiction of the courts it must clearly appear that the subject-matter of the controversy is within the prospective submission. The right of trial by jury is not to be taken away by implication.</p>