Mcadams v. Smith

Citations

• 65 Pa. Super. 568
• 1917 Pa. Super. LEXIS 44

Syllabus

<p>Contract — Building contract — Architect’s certificate — Alteration in worh — Substantial performance.</p> <p>In an action to recover a balance alleged to be due on a building contract, no recovery can he had where it appears that the contract provided that “no alteration shall he made in the work, except upon the written order of the architect,” and that the architect without, fraud or collusion with the owner refused such order because of changes made by the plaintiff in lessening the thickness of walls and the depths of trenches, and the substitution of a cheaper grade of wood, which could not he discovered until after the work was finished. In such a case the plaintiff is not entitled to recover for substantial performance.</p>