Robert Grace Contracting Co. v. Norfolk & Western Railway Co.

Citations

• 259 Pa. 241
• 102 A. 956
• 1918 Pa. LEXIS 400

Syllabus

<p>Contracts — Written contract — Subsequent parol agreement — Advancing time for completing worlc — Absence of provision as to increased compensation — Quantum meruit for increased cost — Practice, C. P. — Statement of claim — Insufficiency—Affidavit of defense in nature of demurrer — Practice Act, May 14, 1915, P. L. 488.</p> <p>1. The effect of an affidavit of defense in the nature of a demurrer filed under the Practice Act of May 14, 1915, P. L. 483, is to test the sufficiency of the plaintiff’s statement, which must be self-sustaining and set out a good cause of action.</p> <p>2. The legal effect of writings attached to the pleadings is for the court and cannot be controlled by averments of the parties.</p> <p>3. Letters exchanged in confirmation of a verbal agreement will be presumed to correctly state it, especially where they are retained without objection.</p> <p>4. A new agreement will supersede an old one so far as they cannot be executed together.</p> <p>5. Where a parol agreement entered into subsequent to the execution of a written contract, modifies the latter only in the respect that the work shall be completed at an earlier date, a recovery cannot be had on a quantum meruit for all work thereafter done on the theory that the original contract has been abrogated.</p> <p>6. In an action by a construction company against a railroad company, it was alleged that plaintiff entered into two written contracts with the defendant to construct-two sections of a railroad bed for defendant by December 1st. All of the work was completed on time, accepted and paid for. Plaintiff subsequently brought suit on an alleged verbal agreement, made during the' progress of the work, and confirmed by letters, contending that-such agreement superseded the original contracts. The alleged change was for the completion of the work at earlier dates, November 7th as to one contract, and October 7th as to the other, thereby greatly increasing the cost of construction. The work was