Beswick v. Platt

Supreme Court of Pennsylvania February 16, 1891

Beswick v. Platt, 140 Pa. 28 (Pa. 1891)

21 A. 306; 1891 Pa. LEXIS 795

Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Opinion of the Court

Per Curiam:

The plaintiffs were defeated in the court below, and now complain of certain passages in the charge of the court. The charge, as a whole, fairly presented the case to the jury, and we have no fault to find with the portions assigned as error. The plaintiffs saw the work as it was in progress, were satisfied with it, and accepted it. If the plans and specifications did not call for as strong and substantial a wharf as the plaintiffs wanted, that was no fault of the defendant, who appears to have constructed it in accordance with their wishes. At least the jury have so found, and with this finding the plaintiffs will have to be content.

Judgment affirmed.

Reference

Full Case Name: S. BESWICK v. G. C. PLATT
Cited By: 4 cases
Status: Published
Syllabus: (a) The defendant undertook to construct a wharf according to certain specifications furnished by the owners, guaranteeing that it should remain in good condition for a specified period, if used for landing purposes only. The contract price was paid by the owners, on completion, but, the structure falling soon after, they brought suit against the contractor for damages: 1. There being evidence that the plaintiffs saw the work as it was in progress, accepted it, and paid the contract price in full for it, and also, that the structure fell because of a storage of sand upon it, and not in its use for landing purposes only, the owners alone were responsible for any defect, and it was not error so to instruct the jury.