In
Error to the Circuit Court of the United States for the
Western District of Pennsylvania.
The
contract on which the plaintiffs brought suit was made out by
the following written proposals and acceptances:
'January
28th, 1899.
'Mrs.
Robert Pitcairn, Pittsburgh, Pa. Dear Madam-- Below please
find our estimate for the complete decoration of walls and
ceilings of your main, first, second and third halls.
'The
protecting and cleaning of the floors and woodwork is
included. The ceilings to be gilded in dull gold and
overlaid with a carefully designed ornament of appropriate
style, in rich Italian colors. The walls to be of rich red
damask pattern, painted and glazed on canvas. The
decoration of the vestibule is also included.
'We
will do the above work in the most artistic and workmanlike
manner for the sum of sixty-five hundred ($6,500.00)
dollars.
'We
also propose to repaint and regild the reception room
ceiling for the sum of three hundred ($300.00) dollars.
Very respectfully submitted,
The
Philip Hiss Company, Per Philip Hiss, Prest.'
'Accepted
by Mrs. Robert Pitcairn.
'January
28th, 1899.
'Mrs.
Robert Pitcairn, Pittsburgh, Pa. Dear Madam:-- We propose
to recover, re-gimp and re-fringe two (2) sofas and five
(5) chairs, in your lower hall, using moleskin mohair
velvet in combination with your tapestries, for the sum of
six hundred and twenty-five ($625.00) dollars.
'Also
the sofa and two (2) chairs in second hall in moleskin
mohair velvet for the sum of two hundred and fifty
($250.00) dollars.
'We
will also re-make and re-line five and one-half (5 1/2)
pairs of portiers with moleskin mohair velvet, using your
tapestry borders, for the sum of eight hundred and
twenty-five dollars $825.00. All this work to be done in
the best manner. Very respectfully submitted,
The
Philip Hiss Company, Per Philip Hiss, Prest.'
'Accepted
by Mrs. Robert Pitcairn.
"January 28th, 1899. "Mrs. Robert Pitcairn,
Pittsburgh, Pa. Dear Madam:--We propose to make one fine
Aubusson carpet for room over dining room,for the sum of
seventeen hundred and seventy dollars $1,770.00 "Also
for halls of English handwoven rugs-- No. 1, 2, 3, 4, and 5
........................................... 2,425.00 No. 6,
7, and 8 .................................................
1,382.00 Stairs and landings
................................................ 2,233.00
-------------------- Total, including designing and laying,
seventy-eight hundred dollars
.....................................................
$7,800.00 "Respectfully submitted, "Accepted by The
Philip Hiss Company, "Mrs. Robert Pitcairn. Per Philip
Hiss, Prest." "July 14, 1899. "Mrs. Robert
Pitcairn. Dear Madam: We will refinish, reupholster and cover
in Aubusson tapestries thirty present chairs and make four
new chairs to match
.....................................................
$5,000.00 1 rug, plain center, hand woven
.................................... 2,900.00 "Yours
very truly, "Accepted by The Philip Hiss Co., "Mrs.
Robert Pitcairn. Philip Hiss, President."
'Mrs.
Robert Pitcairn. Dear Madam: Below please find estimate of
work at your house.
'Office.
Building the extension to third floor, including two bath
rooms (in one of which the old fittings are to be used),
also light to be introduced by side window into pantry
under office. New part of office to have wood work and wall
coverings in accord with old part, color of wall stuff to
be selected. New rug, sofa re-covered in velour, 2 new easy
chairs in velour, 2 old leather
desk chairs in hand woven tapestry, curtains for doors and
windows, cost to be $8,550.00.
'Library.
Ceiling repainted, walls covered in hard brocatelle, wood
work refinished, caps of doors and windows made less heavy,
ends of ceiling wood work refitted, new curtains and
portiers of Genoaese velour, furniture recovered in same, 1
large and 2 small rugs, cost to be $7,975.00.
'Billiard
Room. Ceiling and walls redecorated, tops of windows
lowered, new mantel of old wood, wood work cleaned and
finished, curtains of material to be selected, furniture
recovered of leather of quality of present leather in new
design, cost to be $4,500.00.
'Son's
Room. Walls and ceilings redecorated, furniture recovered
and curtains, new rug, wood work cleaned, cost to be
$2,200.00.
'Daughter's
Room. Walls and ceilings redecorated, wood work and mantel
(shutters not included) of maple (bird's eye panels),
curtains and furniture covers of damask selected, new rug,
2 bureaus, 1 bed (5'6') and bedding, 1 easy chair,
1 rocker, 2 small chairs, 1 work table (3x2) of bird's
eye maple, cost to be $5,200.00.
|
Summary,
|
|
Office, baths,
&c...............................................
|
$ 8,550.00
|
|
Library
..........................................................
|
7,975.00
|
|
Billiard room
....................................................
|
4,500.00
|
|
Son's room
.......................................................
|
2,200.00
|
|
Daughter's room
..................................................
|
5,200.00
|
|
Refinishing wood and floors of halls, all bed rooms
(not over), about
...................................................
|
2,000.00
|
|
Putting shutters and wood work in order, not over
|
1,000.00
|
|
|
----------
|
|
|
$31,425.00
|
"An
allowance of $1,500.00 for plumbing and tiles is included
in
above estimate.
"No
wiring or heating work included. Very truly,
"Accepted:
The Philip Hiss Co.,
"Robert
Pitcairn. Per Philip Hiss, President.
"September
14, 1899."
The
defendant contended that the work was to be done to the
satisfaction of his wife, and testified as follows: 'Q.
What was the conversation you had with Mr. iss at the time
you signed this contract (referring to the $31,000 proposal
which he had accepted)? A. The chief point in the
conversation was that he, as well as everybody, knows that I
did not intend to that business for my house; that it was
entirely in the hands of Mrs. Pitcairn, and had been for over
40 years. Q. Well, was there anything said about this
contract or your liability under the contract at that time?
A. I declined to have anything to do with the matter, when he
told me that he had come to see me at the special request of
Mrs. Pitcairn, who would be very much pleased, on account of
the size or amount, if I would sign it. I told him that I did
not want to sign it or have much to do with the matter on
account of my experience; that I was very much afraid it
would be too much for Mrs. Pitcairn, but that my whole desire
was to please her. Mr. Hiss distinctly stated that that was
his desire, and he knew he could please her, and would please
her, and desired to be distinctly understood that if he did
not please her he would make no charge. Q. Did you have that
distinct understanding with him immediately before you signed
this contract? A. He reiterated that, and plead with me, on
account of Mrs. Pitcairn, and I, on a sudden impulse, 'On
that condition,' I said, 'I will sign it,' and
signed it.'
Mrs
Pitcairn also testified to a similar effect in regard to the
acceptances signed by her: 'Q. What statement, if any,
Mrs. Pitcairn, was made to you by Mr. Hiss as to how this
work was to be done in your house? A. When Mr. Hiss presented
the design or sketch or suggestion to me I rather hesitated,
and he said: 'Mrs. Pitcairn, if you will allow me to do
this work, I will do it to your entire satisfaction;
otherwise you will not be required to pay for it or accept
it.' ' And Mrs. Pitcairn is also corroborated in this
by Mrs. Reese,
a niece, who lived in the house: 'Q. Did you hear the
conversation between Mr. Hiss and Mrs. Pitcairn shortly
before these contracts were signed? A. I did....
