Worden v. Connell

Citations

• 196 Pa. 281
• 46 A. 298
• 1900 Pa. LEXIS 515

Syllabus

<p>Contract — Building contract — Arbitration.</p> <p>Where parties to a building contract submit a dispute as to the construction of the contract to arbitrators mutually chosen, although the contract itself provided that the decision of the architect should in such a matter be final, both the owner and the contractor are irrevocably bound by the decision of the arbitrators ; and if the contractor resumes the work on the lines laid down by the award and the owner stops him, he may recover for the work already done. In such a case the contractor is not bound to go on and complete the work as a condition of his recovery, if the owner gives him peremptory notice to quit.</p> <p>In an action by a contractor on a building contract where it appears that the owner had peremptorily notified him to quit, the plaintiff may show that the contract had been complied with up to the date when the first payment was due, and that defendant had expressed herself as satisfied therewith; and the contractor may also show that the owner at the date of her discharge of the contractor, promised to pay him his demand.</p> <p>Contract — Building contract — Expert testimony. ■</p> <p>In an action upon a building contract to recover for work done, after the owner had peremptorily stopped the work, a carpenter and builder of twenty years’ experience may be permitted to testify as to the reasonableness of the charge for the work in controversy.</p> <p>Contract — Building contract — Arbitrators—Notice.</p> <p>In an action upon a building contract where it appears that arbitrators mutually chosen had passed upon a dispute relating to the terms of the contract and that immediately the contractor resumed work, and according to his testimony had quit four or five days thereafter in consequence of a peremptory notice from the owner to stop work, the attorney for the owner will not be permitted at the trial to testify that a month after the date of the award, he had notified the contractor to resume wo