Kress House Moving Co. v. Brennan

Citations

• 77 Pa. Super. 57
• 1921 Pa. Super. LEXIS 208

Syllabus

<p>Contracts — Statute of frauds — Promise to pay debt of another— Separate consideration.</p> <p>In an action to recover the balance due on a building contract, it appeared that the plaintiff was a subcontractor who had undertaken to move a house for the defendant’s contractor. The latter having failed before the moving of the house was finished, a meeting was called of the various Subcontractors and material men, at which it was alleged that the defendant made a separate and distinct promise with the plaintiff to be responsible for the cost of moving the house, if he would complete his contract.</p> <p>The defense was advanced that this was nothing more than the verbal promise to pay the debt of another, and therefore contrary to the provisions of the statute of frauds. Held, that as the general contractor’s default excused further performance by plaintiff, and as there was evidence of defendant’s promise to pay in consideration of plaintiff’s completion of the work a verdict for the plaintiff will be sustained.</p> <p>Courts — County Courts of Allegheny County — Appeal—Act of May 5,1911, P. L. 198 — Act of May 88,1918, P. L. 810.</p> <p>A party who has had a jury trial under the Act of May 5, 1911, P. L. 198, as amended by the Act of May 23,1913, P, L. 310, relating to the County Court of Allegheny County, is not entitled to an appeal from the county court unless a retrial of the issues of fact is necessary to prevent injustice. The court is to exercise a sound judicial discretion, on due consideration of the relevant matters properly brought before it, and may refuse the appeal, if upon, such consideration it is not satisfied that a retrial is necessary to prevent injustice.</p>