Sturts v. Ziegler

Citations

• 44 Pa. Super. 124
• 1910 Pa. Super. LEXIS 140

Syllabus

<p>Contract — Building contract — Defective wall — Evidence.</p> <p>1. In an action to recover the contract price for the erection of a building, the plaintiff is not entitled to recover the full amount, where the evidence shows that the party line walls were so negligently built out of the vertical that they overhung abutting property. The defendant is entitled to have deducted from the contract price the cost of reconstructing the walls in a proper manner, and in accordance with the contract.</p> <p>2. In such a ease the owner does not waive any right to have the walls built in a proper manner by making payments during the progress of the work and by using the building afterwards, if it appears that he never assented to the defect in the construction, nor waived his objection thereto.</p>