Township of East Union v. Comrey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of ScJmylhill county : Of January Term 1881, No 260. Assumpsit, by Andrew Comrey, to the use of James liyon, against the Township of East Union, to recover the amount of two orders or warrants issued by ¥m. II. Barlow and others, commissioners as hereinafter mentioned, to lay out and open a state road, drawn on the township of East Union, payment of which was refused by .the treasurer of said township.
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Error to the Court of Common Pleas of ScJmylhill county : Of January Term 1881, No 260. Assumpsit, by Andrew Comrey, to the use of James liyon, against the Township of East Union, to recover the amount of two orders or warrants issued by ¥m. II. Barlow and others, commissioners as hereinafter mentioned, to lay out and open a state road, drawn on the township of East Union, payment of which was refused by .the treasurer of said township. Pleas, non-assumpsit, set off, payment, payment with leave, &c. On the trial, before Walker, J., the following facts appeared: — By a special Act of Assembly,…
1Opinion of the Court
Mr. Justice Cord on
delivered the opinion of the court, May 1st 1882.
The jury, which was empaneled to pass upon the facts of this case, under a fair and careful charge of the court below, found that the commissioners, appointed by the Act of the 7th of April 1873, to lay out and construct the state road therein described, in all substantial particulars performed their duties as by said act directed ; that the plaintiff, Andrew Comrey, to whom the contract was awarded for the building of that part of the road lying in East Union township, Schuylkill county, executed his contract faithfully and…
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