176 Pa. 37 | Pa. | 1896
Opinion by
The plaintiff agreed to do the carpenter work necessary in the erection of a number of houses for a fixed price, and to accept in part payment thereof a conveyance of two of the houses, the balance to be paid in money. Some payments were made as the work progressed. This suit was brought to recover in money the whole of the price agreed upon, less the payments made during the progress of the work. The plaintiff alleged that the houses were not completed and conveyed, and that the whole of the money consideration was not paid. The dispute as to the amount of the payments was referred to the jury, and no question relating to them is before us. The learned judge, being of opinion that the plaintiff -had not shown an adequate reason for refusing to take the houses as agreed, instructed the jury that there could be no recovery except for the balance due in money under the terms of the agreement.
It was not disputed that a conveyance of the houses was tendered to the plaintiff. Pie had some months before taken possession of one of them, sold it, received a part of the purchase money and put the vendee in possession, and he had exercised acts of ownership over the other house. There was no testimony to show that the houses were not substantially completed ; the defects were in trivial matters and could have been
The judgment is affirmed.