North Lebanon Railroad v. McGrann
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Lancaster county. This was an action of debt by Richard McGrann & Co. against The North Lebanon Railroad Company, upon an award by James Worrell, late chief engineer of the defendants.
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Error to tbe Common Pleas of Lancaster county. This was an action of debt by Richard McGrann & Co. against The North Lebanon Railroad Company, upon an award by James Worrell, late chief engineer of the defendants. The parties agreed upon a case stated, with the right to take out a writ of error, without security; wherein the following facts were stated for the opinion of the court:— On the 10th October 1853, the plaintiffs entered into a contract, under seal, with the defendants, to construct and finish all the graduation, masonry, and other work that might be required on the defendants’…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The only question in this case which needs examination is, whether, under the contract of the parties, James Worrell was competent to make the award, which has been made the foundation of the plaintiffs’ recovery.' Mr. Worrell was the chief engineer of the defendants during the whole period in which the plaintiffs were performing their part of the contract. He made out monthly estimates for them, and on the 20th of October 1854, the work having been completed, he made out a final estimate, showing the cost of the whole road at the contract…
2Cases cited1 opinion
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
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- Werneberg v. PittsburgSupreme Court of Pennsylvania · 1904
- Connor v. SimpsonSupreme Court of Pennsylvania · 1886
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- Huggins v. NeillSuperior Court of Pennsylvania · 1896
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