Smith v. Kaufman

Citations

• 30 Pa. Super. 265
• 1906 Pa. Super. LEXIS 59

Syllabus

<p>Contract — Building contract — Breach.</p> <p>A person who enters into a contract with a builder, cannot avoid liability on the contract, because he was disappointed in securing the money which was to cover the contract price, and this -is the case although the builder may have had knowledge of the plan in accordance with which the land, and a part of the money for the erection of the building, was to be secured.</p> <p>Practice, C. P. — Trial hy court without a jury — Findings of fact.</p> <p>The findings of fact of a judge who by agreement tries a case without a jury, are no more reviewable on appeal than is the verdict of a jury, and an appellate court will only look beyond the findings of fact when the assignment of error is such as could be heard if the trial had been before a jury according to the course of the common law.</p> <p>Contract — Reducing contract to writing.</p> <p>Where all the terms of a contract are agreed upon and its reduction to writing is provided for, merely for facility of proof as to its terms, such provision for a contract in writing is not inconsistent with a present contract, and this is especially true in a case where the things to be done are provided for in writt'en plans and specifications, and where there is evidence of the intention of the parties to proceed to work at once under the oral contract.</p> <p>■Contract — Breach—Loss of profits — Damages.</p> <p>Profits or advantages which would result from a fulfillment of a contract, may, if the contract is broken, be compensated in damages where they are the direct and immediate fruits of the contract.</p>