Orth & Bro. v. Board of Education

Citations

• 272 Pa. 411
• 116 A. 366
• 20 A.L.R. 1352
• 1922 Pa. LEXIS 840

Syllabus

<p>Contraet — Construction—Architect—Commissions — Gross percentage — Cancellation of contract.</p> <p>1. It is an unbending rule that all the words of a contract are to be given an appropriate meaning whenever it is reasonably possible so to do.</p> <p>2. Where an architect’s contract provides that he shall be paid for his services a gross percentage upon the entire cost of a building to be erected, such payments to be made in certain percentages as the work progresses, and that the contract may be cancelled, in which event he is to receive, as full compensation, the percentages then due, he will be entitled to recover only the percentages which were payable at the time the cancellation was in fact made.</p> <p>3. Where an architect’s contract provides that he shall receive a gross percentage upon the completion and acceptance of a building, and only a part is completed and accepted, he will be entitled to the full percentage on that part, since there was a completion and acceptance so far as it is concerned.</p> <p>4. Where an architect’s contract provides that a given percentage is to be paid upon the cost of the work and the building is not erected, so that there is no actual cost, the basis upon which the percentage is to be calculated must be determined according to equitable principles, as of the date when the architect’s work was actually performed.</p> <p>5. Where a party has a right to cancel a contract his reasons for so doing are wholly immaterial.</p> <p>6. ITarlow v. Beaver Falls Borough, 188 Pa. 263, and Sauer v. McKees Bocks School District, 243 Pa. 294, cited and explained.</p>