Summary
holding that agreement to build house was unenforceable where it contained price term but did not specify number of stories, rooms, windows, or closets
Summary of this case from Buzzmarketing, LLC v. Upper Deck Company, LLCOpinion
April 16, 1959.
September 16, 1959.
Mechanics' Liens — Building contract indefinite and uncertain — Failure to perform condition precedent — Delivery of release of liens.
In a proceeding upon a scire facias sur mechanic's lien, in which it appeared that the lien asserted by plaintiffs was based solely upon a written agreement between plaintiffs and defendants; that the agreement was incomplete and the actual contract between the parties included plans not incorporated in the agreement by reference and subsequent oral arrangements calling for certain variations from the plans and certain additional extras; that the written agreement provided for payment of the final installment when the contract had been completed and waiver of lien had been furnished to plaintiffs by defendants; and that the court below Held that (a) the written agreement was insufficient, by reason of its being too indefinite and uncertain, to permit plaintiffs to recover generally, and (b) plaintiffs could not recover, as to the final installment, because they had not delivered to plaintiffs a release of all liens at the time they filed their lien; it was Held that the order of the court below refusing to take off a nonsuit should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 86, April T., 1959, from order of Court of Common Pleas of Fayette County, June T., 1957, No. 366, in case of Nick Halowich et ux. v. Savino F. Amminiti et ux. Order affirmed.
Same case in court below: 18 Pa. D. C. 2d 306.
Scire facias sur mechanic's lien proceeding. Before DUMBAULD, J.
Compulsory nonsuit entered; plaintiffs' motion to take off nonsuit refused. Plaintiffs appealed.
Anthony Cavalcante, for appellants.
Ira B. Coldren, Jr., with him Herman M. Buck, and Ray, Coldren Buck, for appellees.
Argued April 16, 1959.
The order of the court below is affirmed on the opinion of Judge DUMBAULD, reported in 18 Pa. D. C. 2d 306.