Sticker v. Overpeck

Citations

• 127 Pa. 446
• 17 A. 1100
• 1889 Pa. LEXIS 1136

Syllabus

<p>(a) In an action on an entire contract, whereby the plaintiff agreed to do the plumbing in the defendant’s houses and to furnish the materials, including specified kinds of closets and heaters, the whole to be done in a workmanlike manner, the evidence as to the plaintiff’s compliance with the contract being conflicting, it was not error for the court to instruct the jury in the general charge and in answer to points:</p> <p>1. That if the plaintiff acted honestly, and in good faith substantially performed the contract, that was sufficient, and, if in certain minor particulars the contract was not complied with, the jury might deduct from the plaintiff’s damages, the difference between the value of the work as it was turned over to the defendant, and what it would cost to have it completed in strict conformity with the contract.</p> <p>2. Nor, in such case, was it error to charge, substantially, that, under the plea of set-off the jury might set off against the plaintiff’s claim the loss and damage, if any, occasioned to the defendant by the plaintiff’s default, but that they could not render a verdict for the defendant for an excess of such loss and damage over the plaintiff’s claim, if they should find such excess.</p>