Morse, Williams & Co. v. Arnfield & Son

Citations

• 15 Pa. Super. 140
• 1900 Pa. Super. LEXIS 315

Syllabus

<p>Building contract — Acceptance—Elevator and attachments.</p> <p>A contract to erect and equip an elevator is not a building contract. It is not such erection or fixture so firmly attached to the realty as to compel the defendants to accept it. The purchasers have it within their power to accept or refuse upon its completion.</p> <p>Contract — Express warranty — Measure of damages.</p> <p>An elevator having been put in under an express warranty, the breach of the warranty can be set up as a defense to the balance due on the purchase money; but the elevator being delivered in 1898 and the case tried in 1900, defendants were entitled only to such credit as would have been reasonably required to make the elevator conform to the specifications at the time of delivery, not at the time of the trial.</p>