MCKENNA V. VERNON
101 A. 919 (Pa. 1917)
NATURE OF THE CASE: Vernon (D) appealed a judgment awarding damages to McKenna (P) in
claim for balance due under building contract.
FACTS: P made a contract with D to build a motion picture theater. The compensation, of
$7,750.00, was to be paid by D to P wholly upon certificates of the architect as follows:
Eighty per cent. of the work set in place as the work proceeds, the first payment within
thirty days after the completion of the work; all payments to be due when certificates of
the same shall have been issued by the architect; the building to be completed by April 20,
1914, and the work to be done under the direction of the architect. An addendum was entered
into for an enlargement of the theatre building, for which P was to receive an additional
$1,000.00. The work was to be completed on or before the 11th of May, 1914. As the work
progressed, D made several payments on account, amounting in all to $6,000.00. P sued to
recover the balance of $2,750.00, with interest from June 30, 1914. D defended on grounds
that P failed to erect and complete the building in accordance with the plans and
specifications, the substituting of inferior and cheaper materials, and inferior workmanship
throughout, entailing for the supply and correction of the same, if attempted, a large
expenditure. D also claimed that the building was not completed within the time allowed by
the contract, and demanded as a set-off a penalty of $283.35. The trial resulted in a
verdict for the plaintiff for $2,500.00. At the conclusion of the evidence, D asked for a
compulsory nonsuit, which was refused. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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