PELLEGRENE v. LUTHER


403 Pa. 212 (1961)

Pellegrene v. Luther, Appellant.

Supreme Court of Pennsylvania.

March 28, 1961.


Attorney(s) appearing for the Case

Earl R. Handler, with him William M. Ruddock, and Fisher, Ruddock & Simpson, and Handler & Malcolm, for appellants.

Donald M. Miller, with him Miller, Buterbaugh and Cope, for appellee.

Before BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BELL, March 28, 1961:

Plaintiff recovered a verdict for $13,572.81, based upon an alleged oral contract for the construction of defendants' house, i.e., the cost of the labor and materials plus the sum of $500. Plaintiff testified that the parties agreed to cancel a written contract under the terms of which plaintiff agreed to build the house for $20,500 and to substitute the above mentioned oral contract. Defendant-husband vigorously...

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