215 Pa. 50 | Pa. | 1906
Opinion by
This case requires little more than a brief statement of facts. Appellant claimed that there was due him from the Real Estate Investment Company $26,459.92 for work and material furnished by him, in connection with the construction and erection of what is known as the Lincoln Apartment House in the city of Philadelphia. The company disputed the claim, alleging that there was included in it a large amount properly chargeable to the account of other buildings for which it was not responsible. A settlement was effected and reduced to writing. The writing recites that the parties “had finally agreed to compromise, adjust and settle all their difficulties.” Under this agreement appellant was to receive in cash and notes $7,959.92; 700 shares of the capital stock of the investment company at a valuation of $3,500; and fifteen houses on Titan street at a valuation of $15,000; appellant agreeing to save harmless the investment company from all mechanics’ liens, and procure release from such liens as had been filed. There is no dispute with respect to the cash and notes which the appellant was to receive; these items of obligation have been discharged. To facilitate the extinguishment of the mechanics’ liens, the investment company with appellant’s consent conveyed in satisfaction of certain of them, seven of the houses which it had agreed to give to appellant by way of compromise, and also 220 shares of the stock that he was entitled to get; but it was not until November, 1899, that the building was wholly released. Then for the first time, appellant was in position to demand the consideration agreed upon in the settle