Philadelphia v. Tripple

Citations

• 230 Pa. 480
• 79 A. 703
• 1911 Pa. LEXIS 635

Syllabus

<p>Contracts — Building contract — Indebitatus assumpsit — Breach of contract.</p> <p>1. In an action to recover the balance alleged to be due on a building contract, where the plaintiff is not in default, he may recover in indebita-tus assumpsit from the defendant who has wrongly stopped the work, the cost of such labor and materials furnished, but not yet paid for, although such cost is in excess of the price fixed by the contract, and although he would have suffered a loss if he had been permitted to complete the work.</p> <p>Contract — Building contract — Time limit — Waiver.</p> <p>2. Where a building contract provides a time limit, but the contractor after the expiration of the time limit has been, permitted to continue the work, and receives payment therefor, the owner will be deemed to have waived the provision as to the time limit.</p>