Lilly v. Person & Riegel

Citations

• 168 Pa. 219
• 32 A. 23
• 1895 Pa. LEXIS 780

Syllabus

<p>Contract — Building contract — Lost paper — Evidence.</p> <p>Plaintiff contracted in writing with defendants to construct a building for them for $17,550. One of the specifications provided that he should tear down an old building and use such materials in the construction of the new one as were suitable, “ the net value of such materials to bo reckoned at the amount stated in the contractor’s bid, and the said amount to be deducted from the gross contract price.” The plaintiff’s bid for the new work and for the material of the old building was in writing, but had been lost or destroyed by the defendants, and there was no written evidence of tlie amount he had agreed to allow for the old material. Held, that it was competent for the plaintiff to show that his original bid was in excess of the amount stated in the contract, and that he wrote below his bid that he allowed the excess for the old building.</p> <p>Contract — Addition to written instrument after signature — Hvidence— Question for jury.</p> <p>Where an addition to a contract is written on the page following the signatures, and it appears that there was ample room for the addition on the same page with the signatures, and the evidence is conflicting as to whether or not the addition had been made with plaintiff’s knowledge before the agreement was signed, the question is for the jury to determine whether or not the addition is binding on the plaintiff.</p> <p>Building contract — Change in specifications — Delay—Penalty.</p> <p>A building contract provided that the builder should forfeit a certain sum for each day that the building remained unfinished after the time fixed by the agreement for its completion. The owners reserved the right at any time during the progress of the work to make any alterations in the plans and specifications. The contract provided that any change in the plans “ either in quantity or quality of the work” should be executed by the plaintiff “without holding the contract as violat