Hartupee v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1880, No. 260. Assumpsit, by Andrew Hartupee against the City of Pittsburgh. Pleas, non assumpsit, payment with leave, &c.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1880, No. 260. Assumpsit, by Andrew Hartupee against the City of Pittsburgh. Pleas, non assumpsit, payment with leave, &c. The plaintiff sought to recover a balance alleged to be due him by the defendant on two contracts,.dated respectively August 22d 1872 and September 14th 1873, entered into, by virtue of an ordinance of the city of Pittsburgh, between the board of water commissioners and the plaintiff, for the erection of certain pumping engines to supply the city of Pittsburgh with water. The total…
1Opinion of the CourtJustice Mercur
This contention may be considered under turn main propositions. The one, whether the plaintiff proved a substantial fulfilment of his contracts; the other, whether the questions in dispute should have been submitted to the mechanical engineer for final decision.
1. Thé agreements were in writing and under seal. The first was executed in August 1872; the latter in September 1873. In each contract, the plaintiff agreed to furnish the labor and materials, and construct, deliver and set up in all respects, complete and ready for the service required of them, on specified grounds of the city, two…
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