Universal Builders, Inc. v. Moon Motor Lodge, Inc.
Supreme Court of Pennsylvania
244 A.2d 10 (1968)
Facts
Universal Builders (Universal) (plaintiff) contracted with Moon Motor Lodge (Moon) (defendant) to build a motel. The contract provided that all changes to the contract must be in writing. Berger, an agent of Moon, subsequently requested that Universal do some extra work that was not in the original contract. Berger orally told Universal that Moon would pay for the additional work. Berger knew the requirements of the contract very well and was frequently at the construction site watching much of the additional work being performed. Moon refused to pay due to the contractual requirement that all changes be in writing. Universal brought suit to recover the payment it was orally promised for this additional work, among other things. The trial court ruled that Universal was entitled to recovery despite the contract provision requiring that changes be in writing. Moon appealed.
Rule of Law
Issue
Holding and Reasoning (Eagen, J.)
What to do next…
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.