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McKenna v. Vernon

Supreme Court of Pennsylvania
101 A. 919 (Pa. 1917)


Facts

The plaintiff contracted to build a movie theater for the defendant for a total of $8,750. The contract provided that the plaintiff would only be paid upon the defendant receiving certification from the architect that the work was completed correctly. The defendant paid the plaintiff a total of $6,000 in several installments, although only once did the defendant ask for the certification of the architect before paying. The plaintiff brought suit for the outstanding $2,750. The architect testified that the theater was substantially completed and that he did not provide certifications required in the contract only because he was not asked for them. The trial court found in favor of the plaintiff and awarded him $2,500. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (Stewart, J.)

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