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Universal Builders, Inc. v. Moon Motor Lodge, Inc.

244 A.2d 10 (1968)

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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.)

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