Layton v. Davidson

Citations

• 144 Pa. 145
• 22 A. 909
• 1891 Pa. LEXIS 591

Syllabus

<p>(a) There was due to the contractor for the building of a church $145. The contractor owed the plaintiff $106.70, for work as a méchame; One of the building committee obtained from the plaintiff an order on the contractor for the amount of the plaintiff’s claim, promising to pay the latter that amount in cash:</p> <p>1. The committee having obtained credit for the amount of the order with the contractor, who charged said amount to the plaintiff, the payee of the order could not refuse to account to the plaintiff for the credit received, on the ground that leaks had been discovered which the contractor was bound to repair.</p> <p>2. Wherefore, in an action by the plaintiff against the payee of the order, to recover the amount thereof, it was error to order a nonsuit for the reason that, as the balance due the contractor was in the committee’s hands until the leaks were repaired, which had not been done, the money was not yet payable.</p>