Pittsburg Bridge & Iron Works v. Fulmer

Citations

• 48 Pa. Super. 112
• 1911 Pa. Super. LEXIS 347

Syllabus

<p>Contract — Building contract — Engineer—Evidence—Question for jury —Oral negotiations.</p> <p>1. In an action of assumpsit it appeared that the defendant was a contractor for the erection of a church edifice, and that the plaintiff entered into a contract with the defendant to furnish among other things certain twelve-inch steel columns which were to conform to the drawings and specifications of the architect of the building, and to be of sufficient strength to carry a certain weight. After the columns had been put in place the architect notified the defendant to remove the columns that had been placed, as defective, and to replace them by proper columns which would carry the specified weight. The defendant turned over this notice to the plaintiff who wrote in reply that the columns delivered were proper ones, in accordance with the contract, but that they would take them out and install others on the condition that they would be paid for the extra work involved in the substitution. Other correspondence followed but not sufficient to sustain an independent oral agreement on the part of the defendant to reimburse the plaintiff for the increased cost. The correspondence and oral testimony left such question of compensation open to be determined justly and make it depend upon whether the columns originally furnished did comply or not with the provisions of the contract. There was evidence that the columns originally furnished fell short of the bearing capacity specified. Held, that the whole case was for the jury to determine whether the columns originally furnished complied with the contract, and whether the plaintiff was entitled to recover anything for the increased cost of substituting new columns for the old ones.</p> <p>2. As a general rule all negotiations, conversations and oral agreements preliminary to a contract are merged and terminated by the execution of the written instrument, and evidence thereof is inadmissible in the absence of fraud, accident or m