HEWES v. McWILLIAMS


412 Pa. 270 (1963)

Hewes v. McWilliams, Appellant.

Supreme Court of Pennsylvania.

October 11, 1963.


Attorney(s) appearing for the Case

Daniel B. Michie, Jr., with him Fell & Spalding, for appellants.

Douglas D. Royal, with him Greenwell, Porter, Smaltz & Royal, for appellee.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE ROBERTS, October 11, 1963:

Appellants, owners of a tract of land in Chester County, and appellee, a road building contractor, entered into a written contract on June 22, 1959, for the construction of a road on appellants' property at a cost of $23,150. Progress payments were to be made from time to time on the basis of 85% for 100% work done, the balance to be paid thirty days after completion. Construction was begun in July and continued until...

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