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TINNEY v. HERSHOCK ET UX. (11/12/69)

decided: November 12, 1969.

TINNEY
v.
HERSHOCK ET UX., APPELLANTS



Appeal from judgment and decree of Court of Common Pleas of Delaware County, No. 4668 of 1967, in case of Walter H. Tinney, II, v. Howard L. Hershock et ux.

COUNSEL

D. Barry Gibbons, with him Gibbons & Buckley, for appellants.

Charles F. Mayer, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Montgomery, J. Cercone, J., joins in this dissent.

Author: Per Curiam

[ 215 Pa. Super. Page 469]

Judgment and decree affirmed.

Disposition

Judgment and decree affirmed.

Dissenting Opinion by Montgomery, J.:

I would remand this case to the lower court for more specific findings.

Plaintiff-appellee, Walter H. Tinney, II, a building contractor, in an action of assumpsit sought to recover from Mr. and Mrs. Howard L. Hershock, defendants-appellants, the owners of property in Haverford Township, Delaware County, the sum of $12,289.91 alleged to be due him under a contract for the construction of a residence on said property. The contract price was $25,449, of which $4,119.80 had been paid. Plaintiff did not finish the work by November 15, 1966, the time specified in the contract, and was ordered from the job by the defendants on January 6, 1967. Plaintiff's claim was for the work done, totaling $14,918.71, plus a reasonable profit of $1,491 less the aforesaid payment of $4,119.80, establishing the balance claimed at $12,289.91.

The owners' defense to the claim was that, by reason of the breach of the contract by the contractor, they were compelled to engage another builder to complete the contract, making it necessary for them to expend the sum of $1,640 over and above the amount specified in the contract with plaintiff, an additional sum of $6,700 to ...


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