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TOLL-BARKAN COMPANY v. TOLL ET AL. (09/16/60)

September 16, 1960

TOLL-BARKAN COMPANY
v.
TOLL ET AL., APPELLANTS



Appeals, Nos. 155 to 166, inclusive, Oct. T., 1960, from order of Court of Common Pleas of Montgomery County, June T., 1954, Nos. 154 to 165, inclusive, in case of Toll-Barkan Co. v. Sylvia S. Toll et al. Judgments, in appeals Nos. 159-166, affirmed; judgments, in appeals Nos. 155-158, reversed.

COUNSEL

Cassin W. Craig, with him Wisler, Pearlstine, Talone & Gerber, for appellants.

Russell J. Brownback, with him Roger B. Reynolds, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 193 Pa. Super. Page 223]

OPINION BY MONTGOMERY, J.

These appeals are from separate judgments entered in twelve scire facias sur mechanic's lien proceedings tried together before Hon. E. ARNOLD FORREST, J., without a jury.

(1) The principal dispute centers around payments totaling $10,000 not credited upon the lien claims but applied by claimant-appellee on a claim for a bonus allegedly due on work performed by claimant for Whitemarsh Downs, Inc., one of defendant-appellants, on jobs other than those for which the liens were filed.

For a number of years commencing in 1948 claimant was employed by Whitemarsh Downs, Inc. to supervise the construction of homes being built by it. Three

[ 193 Pa. Super. Page 224]

    groups of homes were constructed between 1948 and the end of 1950, and claimant has been paid in full for its services in connection with all of them.

A fourth group of 73 houses was commenced in January, 1951, under similar arrangements. Claimant claims the agreed compensation on this job was $500 per house with an additional bonus of $10,000 if all the houses were completed in one year, specifically by January 15, 1952. Whitemarsh Downs, Inc. insists that the compensation agreed to was $500 per house without any bonus. The houses were completed within the one year period.

The houses for which the liens were filed were commenced after July 1, 1952. The lien claims on them total $15,000. Whitemarsh Downs, Inc. admits that services totaling $10,000 were ...


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