Meacham v. Gardner

Citations

• 27 Pa. Super. 296
• 1905 Pa. Super. LEXIS 55

Syllabus

<p>Contract — Custom—Variance between contract and custom — Evidence.</p> <p>Where the rights of parties are fixed by a written contract, and the question at issue is in reference to a compliance with its terms, it is manifest error to permit the jury to be led away from the real questions at issue by evidence of a custom, said to prevail in a certain locality, but not referred to in the contract.</p> <p>Contract — Building contract — Satisfaction of owner.</p> <p>Where a contractor undertakes to perform the work of constructing a building to the entire satisfaction of the owner, the burden rests upon him to do this, and an honest, reasonable objection by the owner, if sustained by the evidence, is a sufficient defense to the action.</p> <p>Contract — Rescission—Election.</p> <p>Where a party injured by the stoppage of a contract elects to rescind it, he cannot recover any damages for a breach of contract either for outlay, or loss of profit; he recovers the value of his services actually performed as upon a quantum meruit.</p>