83 Pa. 15 | Pa. | 1876
delivered the opinion of the court, November 13th 1876.
By the contract of December 15th 1869, Barnes agreed to pay to Collins and Moorehead, on the monthly estimates of the engineers of the railroad company, eighty-five per cent, of the value of the work to be by them done, and when all said work was fully completed, “ agreeably to the specification, and in accordance with the directions and to the satisfaction and acceptance of the chief engineer of the Connecticut Western Railroad Company,” there was tobe “a final estimate made'of the quantity, character and value of said work,” agreeably to the terms of said agreement, and' then, and not until then, Barnes became liable to pay the plaintiffs the balance which might appear from such final estimate to be due.
The judgment is reversed, and venire facias de novo awarded.