Trumbower v. Woodley

Citations

• 26 Pa. Super. 249
• 1904 Pa. Super. LEXIS 299

Syllabus

<p>Contract — Entire contract — Abandonment—Evidence.</p> <p>In an action to recover a balance alleged to be due for sawing the timber on a tract of land, it appeared that plaintiff had not sawed all the timber, but he had done a considerable amount of work for which he had not been paid. The agreement required the defendant to pay on the fifteenth of each month for what had been sawed during the previous month. The defendant contended that the contract was entire and that plaintiff had not completed the performance. There was evidence that defendant had failed to pay on the fifteenth of each month, and that plaintiff was in consequence unable to pay his workmen and had to cease work. There was also evidence that the defendant had acquiesced in the stopping of work by the plaintiff, and had entered into a new arrangement. Held, that there was sufficient evidence to submit to the jury on the question of the abandonment of the contract, and that a verdict and judgment for plaintiff should be sustained.</p>