JOHNSON v. FENESTRA, INCORPORATED (ERECTION DIVISION)

Nos. 13777, 13778.

305 F.2d 179 (1962)

Jesse JOHNSON and John Johnson, Formerly Partners Trading as Johnson Brothers Co., Appellants in No. 13,777, v. FENESTRA, INCORPORATED, (ERECTION DIVISION), Appellant in No. 13,778.

United States Court of Appeals Third Circuit.

Decided July 6, 1962.


Attorney(s) appearing for the Case

Gilbert E. Morcroft, Pittsburgh, Pa., for Jesse and John Johnson.

J. Tomlinson Fort, Pittsburgh, Pa. (Reed Smith Shaw & McClay, Pittsburgh, Pa., on the brief), for Fenestra, Incorporated.

Before STALEY, HASTIE, and SMITH, Circuit Judges.


HASTIE, Circuit Judge.

In this diversity case a subcontractor is seeking damages from the prime contractor on the theory that the latter's breach of contractual duty made the performance of the subcontract more costly than it would have been had the contractor acted as reasonably expected and required of him under the terms and circumstances of the bargain.

The defendant, Fenestra, had undertaken as prime contractor to erect the superstructure walls and roof...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases