Marshall Etc. Co. v. Pittsb. Traction Co.

Citations

• 138 Pa. 266
• 22 A. 23
• 1890 Pa. LEXIS 1268

Syllabus

<p>(а) A construction company became bound to construct and put into place, for a traction street-railway company, the iron work and appliances for the curves, as per drawings and specifications, at a certain price per linear foot on the centre line of the track.</p> <p>(б) After the work was begun, a change was made in the plans by which three curves, at a certain point, were made practically into one, by lengthening the radii and placing lighter and less complicated castings between the boxes described in the specifications:</p> <p>1. In an action for the price of the work, it was not error to instruct the jury that the plaintiff could recover for the filling pieces only their actual value, “unless when the change was made there was an agreement, express or implied, that it was part of the curved work to be paid for at the contract price.”</p>