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HOOD v. MEININGER (05/24/54)

May 24, 1954

HOOD
v.
MEININGER, APPELLANT



Appeals, Nos. 274, 275 and 276, Jan. T., 1953, from judgments of Courts of Common Pleas Nos. 5, 4 and 7 of Philadelphia County, June T., 1951, No. 1045 and Sept. T., 1950, Nos. 4614 and 4928, in cases of Frank C. Hood and George Gross, trading as Hood & Gross v. Margaret Meininger; Margaret Meininger v. Robert Gerling; and Same v. Samuel Friedman. Judgments affirmed; reargument refused June 4, 1954.

COUNSEL

Rowland C. Evans, Jr., with him James Francis Lawler, for property owner.

Thomas Raeburn White, with him W. Wilson White, John J. Dautrich and White, Williams & Scott, for contractor.

Samuel I. Sacks, for contractors.

Henry E. Skaroff, with him Skaroff & Skaroff, for contractor.

Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.

Author: Chidsey

[ 377 Pa. Page 344]

OPINION BY MR. JUSTICE CHIDSEY

These three actions of assumpsit were brought to recover damages for breach of contract and were tried together. The appellant, Margaret Meininger, who was the plaintiff in two of the cases in the court below and defendant in the third, successively employed three independent contractors, appellees herein, to repair and remodel certain buildings on her farm in Perkasie, Pennsylvania.

The first contractor, appellee Robert Gerling, entered into an oral contract with the appellant in February, 1948 to make these alterations and improvements. After work had progressed under this contract, because of certain differences between the parties, they executed a written agreement on July 6, 1949 which purported to cover work already completed and work to be done in the future. The written contract contained a provision that the contractor would furnish first class workmanship and materials which must be satisfactory to the owner. There was also a clause that provided for weekly payments to the contractor upon the submittal by him of an itemized statement of the cost of materials and labor. Gerling was discharged by the appellant in September, 1949 because of alleged defective and unsatisfactory work.

Sometime in June, 1950 the appellant entered into an oral contract with appellee Samuel Friedman, to complete the work left undone by Gerling and to make other renovations and additions to the property for an agreed upon price. The initial price was increased during the course of the work because extra work was ordered by the appellant. Friedman was also discharged in October, 1950 for the same reason as Gerling. The appellant then executed a written contract with appellees Frank Hood and George Gross, trading as Hood & Gross, on December 20, 1950, to complete

[ 377 Pa. Page 345]

    the project first undertaken by Gerling and later by Friedman and to rectify a part of the alleged defective work. Hood & Gross entered upon the task and rendered two monthly statements for work done during January and February of 1951 for which they received approximately $3,915. Their contract was similar to the one appellant made with Gerling in that it contained a provision that the contractor would furnish first class workmanship and materials to the owner's satisfaction and contained a clause for monthly payments upon the contractor's tender of an itemized statement of the cost of labor and materials. In March, ...


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