Riebe v. Mauch Chunk Water Co.

Citations

• 33 Pa. Super. 321
• 1907 Pa. Super. LEXIS 293

Syllabus

<p>Contract — Construction contract — Efficiency of plan — Evidence—Conflicting evidence — Case for jury.</p> <p>The contractor in a construction contract is bound to construct according to the directions given him, and his obligation does not bind him for the efficiency of the plan adopted.</p> <p>In an action by a contractor against a water company to recover a balance alleged to be due for the construction of a tunnel and ditch for a water pipe, where the defense set up is that the plaintiff had failed in material particulars to perform the work according to the plans, and that there had been a long delay for which the contract stipulated liquidated damages, and the evidence on both subjects is conflicting, the case is for the jury, and a verdict and judgment for plaintiff will be sustained.</p>