Sauer v. School District

Citations

• 243 Pa. 294
• 90 A. 150
• 1914 Pa. LEXIS 617

Syllabus

<p>Assumpsit — Statements of claim — Amendments — Contracts — ' Quantum meruit.</p> <p>1. Where a statement of claim, declaring on an express contract partly performed and demanding the full contract price, is amended so as to claim only that part of the entire compensation represented by services actually performed, the cause of action is not changed to one on a quantum meruit. The cause of action is set forth in the original statement and the amendment but enables the plaintiff to claim the proper measure of damages.</p> <p>Contracts — Entire contracts — Tart performance — Breach—Measure of damages.</p> <p>2. Where a party has partly performed an entire contract and is prevented from completing performance by the act of the other party or by the law, he may recover in an action on the contract, and the measure of his damages is the contract price less the cost of completing the work.</p> <p>Municipal corporations — Constitutional law — Restrictions on municipal indebtedness — Municipal contracts — Illegal contracts — • Architects — Recovery for services.</p> <p>3. A contract by a municipal corporation which, when properly construed, does not fix the amount of the liability from its date, does not create a present indebtedness within the meaning of the constitutional restriction on municipal indebtedness.</p> <p>4. A contract between a school district and an architect for the preparation of plans and specifications for, and the supervision of the construction of a school building, will not be rendered unenforceable by a subsequently made illegal contract for the construction of the building, where it does not appear that at the time the contract was made with the architect it was contemplated by either party that a subsequent illegal contract would be entered into for thé construction of the building.</p> <p>5. Where an agreement is lawful on its face or is capable of being executed in a lawful way, and the intention of one of the parties is that it be so executed,