Rose v. Scott

Citations

• 75 Pa. Super. 196
• 1920 Pa. Super. LEXIS 248

Syllabus

<p>Contracts — Building contracts — Extra work — Evidence.</p> <p>In an action for extra work performed on a building the case is for the jury and a verdict for the plaintiff will be sustained, where there is evidence that the work was done and the material was ^supplied at the request of the owner of the building.</p> <p>A provision in the contract that “the plans and. Specifications are not to be altered in any particular unless by the agreement in writing signed by both of the parties” does not apply to extra work furnished in addition to that supplied in accordance with the terms of the contract.</p> <p>In such case it is not necessary to produce two witnesses and corroborating circumstances to prove the performance of the extra work, as it is not an attempt to vary or add to a written contract something alleged to have been omitted therefrom.</p>