276 Pa. 350 | Pa. | 1923
Opinion by
This appeal by defendant is from judgment entered on a verdict for plaintiff in an action based on the value of certain work. In the fall of 1917, the plaintiff, Paul Guyon, then engaged in machine blacksmithing, was employed by the Schuylkill Forge Company, defendant, to make approximately thirteen thousand steel rings,- from material furnished by the company. Payments were made as the work progressed and, when finished, plaintiff brought this suit, claiming an alleged balance for the value of the work on a quantum /ineruit. He had previously done small jobs for the company and then fixed his own price, but defendant’s averment and proof was to
Plaintiff did not claim for the price of the completed rings but only for the value of the work he bestowed upon them; and defendant denied liability because of an agreed price for the work and payment thereof; hence, as the pleadings raised no issue as to the market value of the completed rings, it was not error to strike out the evidence relating thereto.
We have considered the only questions raised and find no error.
The judgment is affirmed.