McDonough v. Jolly Bros.
Supreme Court of Pennsylvania
Appeal, No. 216, Oct. T., 1894, by-defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1893, No. 15, on verdict for plaintiff. Assumpsit on paving contract. Before Porter, J. At the trial it appeared that on Sept. 10, 1892, defendants, who had a contract for rebuilding the track of a street railway in Wheeling, made a subcontract with plaintiff to do a portion of the work, including the paving.
Read the full summary
Appeal, No. 216, Oct. T., 1894, by-defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1893, No. 15, on verdict for plaintiff. Assumpsit on paving contract. Before Porter, J. At the trial it appeared that on Sept. 10, 1892, defendants, who had a contract for rebuilding the track of a street railway in Wheeling, made a subcontract with plaintiff to do a portion of the work, including the paving. The material clauses of the contract were as follows: “ That the said party of the second part agrees to commence work at once, and at his own cost and expense of every kind that may be…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
This case depends on the construction of the written agreement entered into by the parties to this action on the tenth day of September, 1892. Prior to that date the appellants had contracted to take up and rebuild a street railroad in the city of Wheeling, and replace the paving disturbed thereby. So much of this work as related to the replacing of the pavement' was sublet to the plaintiff by the written agreement referred to. Among other things this agreement provided that, the Jolly Brothers were to furnish all the materials needed in replacing the pavement,…
2Cases cited2 opinions
- Centenary M. E. Church v. ClimeSupreme Court of Pennsylvania · 1887
- First N. Bank v. Fiske, Pennsylvania Court of Common Pleas, Philadelphia County1890
3Cited by6 opinions
- Commonwealth v. SandersonSuperior Court of Pennsylvania · 1909
- Clements v. BolsterSuperior Court of Pennsylvania · 1898
- Kinkel v. WinneSupreme Court of Kansas · 1903
- Leggoe v. MayerSuperior Court of Pennsylvania · 1896
- Emor, Inc. v. Cyprus Mines Corp.District Court, W.D. Pennsylvania · 1970
1 more not listed; retrieve them via the Exa API.