Dearmond v. Tappan

Superior Court of Pennsylvania

Dearmond v. Tappan

85 Pa. Super. 236, 1925 Pa. Super. LEXIS 248

CourtSuperior Court of Pennsylvania

DecidedDecember 9, 1924

DocketAppeal, 292

StatusPublished

This text of 85 Pa. Super. 236 (Dearmond v. Tappan) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dearmond v. Tappan, 85 Pa. Super. 236, 1925 Pa. Super. LEXIS 248 (Pa. Ct. App. 1924).

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Opinion

Opinion by

Linn, J.,

This appeal is by architects suing for services at 4% of a contractor’s bid of some $31,000 for the erection of a house according to plans said to have been ordered of them. Defendant averred in substance that he was not to pay unless the house could be built for $24,000, including all architects’ charges. Jury trial was waived. Each side presented evidence to support its contentions. Defendant declined to accept the plans and the bid, and abandoned the idea of building because the cost of the house would exceed $24,000. Plaintiffs admitted they could not get a bid as low as $24,000. The court found the obligation to be as stated by defendant and not as stated by plaintiffs, and entered judgment accordingly, and the only complaint now is that the court so found. The record contains ample evidence to support the finding ; it has the effect of the verdict of a jury, and we may not disturb it.

Judgment affirmed.

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Opinion by

Linn, J.,

This appeal is by architects suing for services at 4% of a contractor’s bid of some $31,000 for the erection of a house according to plans said to have been ordered of them. Defendant averred in substance that he was not to pay unless the house could be built for $24,000, including all architects’ charges. Jury trial was waived. Each side presented evidence to support its contentions. Defendant declined to accept the plans and the bid, and abandoned the idea of building because the cost of the house would exceed $24,000. Plaintiffs admitted they could not get a bid as low as $24,000. The court found the obligation to be as stated by defendant and not as stated by plaintiffs, and entered judgment accordingly, and the only complaint now is that the court so found. The record contains ample evidence to support the finding ; it has the effect of the verdict of a jury, and we may not disturb it.

Judgment affirmed.

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Bluebook (online)

85 Pa. Super. 236, 1925 Pa. Super. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dearmond-v-tappan-pasuperct-1924.