Legal Opinion

County of Lancaster v. Fulton

Pennsylvania Court of Common Pleas, Chester County

Decided October 7, 1889No. 122PublishedCited by 8 opinions

No. 122 January Term 1889, Sup. Ct.; court below, No. 76 January Term 1888, C. P. On August 4, 1887, Mr. Hugh R. Fulton brought assumpsit against the county of Lancaster to No. 98 August Term 1887 of the Court of Common Pleas of said county, and on the same day filed the following statement of claim : “ The plaintiff’s demand in the above case is founded upon a contract entered into by and between the plaintiff and defendant, by which the plaintiff agreed to collect from the…

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No. 122 January Term 1889, Sup. Ct.; court below, No. 76 January Term 1888, C. P. On August 4, 1887, Mr. Hugh R. Fulton brought assumpsit against the county of Lancaster to No. 98 August Term 1887 of the Court of Common Pleas of said county, and on the same day filed the following statement of claim : “ The plaintiff’s demand in the above case is founded upon a contract entered into by and between the plaintiff and defendant, by which the plaintiff agreed to collect from the commonwealth of Pennsylvania all overpaid taxes on personal property then due, and the defendant agreed, by its…

1Opinion of the Court

*59Opinion,

Mr. Justice Sterrett :

In his statement and affidavit of claim, plaintiff below avers that his demand is founded on a contract between himself and the county commissioners, dated June 28, 1882, by which he agreed to collect from the commonwealth all overpaid taxes on personal property then due; for which services the county, by its commissioners, agreed to pay him twenty-five per centum on the amount or amounts which might be credited to it in its account with the commonwealth; that said contract was evidenced by a resolution, adopted and entered on the minutes of said commissioners,…

2Cases cited1 opinion

  1. Hunter v. NolfSupreme Court of Pennsylvania · 1872

3Cited by8 opinions

  1. State ex rel. Gilbert v. Board of Com'rsNew Mexico Supreme Court · 1924
  2. Ramsey v. County of GageNebraska Supreme Court · 1950
  3. McCloskey v. PowellSupreme Court of Pennsylvania · 1891
  4. Richie v. PhiladelphiaSuperior Court of Pennsylvania · 1908
  5. Blackburn v. Board of County Commissioners of Park CountyWyoming Supreme Court · 1951

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