Harlow v. Borough of Beaver Falls
Supreme Court of Pennsylvania
Appeal, No. 153, Oct. T., 1898, by-defendant, from judgment of C. P. Beaver Co., June T., 1897, No. 35, on verdict for plaintiff. Assumpsit for breach of contract.
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Appeal, No. 153, Oct. T., 1898, by-defendant, from judgment of C. P. Beaver Co., June T., 1897, No. 35, on verdict for plaintiff. Assumpsit for breach of contract. At the trial it appeared that in 1894 the borough of Beaver Falls, which had been incorporated under the general borough law of 1851, entered into a contract with the plaintiff as consulting engineer to make the necessary plans and specifications for proposed waterworks, for the compensation of $4,000, which was to include the superintending of the works to completion. The plans and specifications were prepared, and work was begun…
1Opinion of the Court
Pee Curiam,
The defendant .undoubtedly had a lawful right to make the contract for services upon which the plaintiff’s claim is founded. It was not ultra vires in any sense. The subject-matter of the contract was entirely within the municipal functions of the defendant. The service being in part performed and then suspended for a lawful reason, by the act of the defendant, the plaintiff was entitled to be paid for the service he had rendered. The assignments of error are all dismissed.
Judgment affirmed.
2Cited by12 opinions
- Chervenak, Keane & Co. v. Hotel Rittenhouse Associates, Inc.Supreme Court of Pennsylvania · 1984
- Orth & Bro. v. Board of EducationSupreme Court of Pennsylvania · 1922
- Sauer v. School DistrictSupreme Court of Pennsylvania · 1914
- Altman v. Uniontown School DistrictSupreme Court of Pennsylvania · 1939
- Osterling v. Allegheny CountySupreme Court of Pennsylvania · 1922
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