Graham v. City of Lebanon
Supreme Court of Pennsylvania
Appeal, No. 250, Jan. T., 1912, by defendant, from judgment of C. P. Lebanon Co., September Term, 1911, No. 51, in case of Howard S. Graham, Edgar H. Butler, Lewis H. Parsons and Henry P. Vaux, co-partners trading as Graham & Co., v. City of Lebanon. Assumpsit for moneys deposited by way of security for performance of bidders’ contract.
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Appeal, No. 250, Jan. T., 1912, by defendant, from judgment of C. P. Lebanon Co., September Term, 1911, No. 51, in case of Howard S. Graham, Edgar H. Butler, Lewis H. Parsons and Henry P. Vaux, co-partners trading as Graham & Co., v. City of Lebanon. Assumpsit for moneys deposited by way of security for performance of bidders’ contract. Before Henry, P. J. The case was submitted to the court under the Act of April 22,1874. The opinion of the Supreme Court states the facts; Error assigned was in entering judgment for plaintiff. Defendant appealed.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This appeal is devoid of merit. In the first place, notwithstanding the plaintiffs’ sealed proposal for the purchase of the entire issue of the city bonds recited that the accompanying certified check for $5,500, being the five per cent, of the entire amount bid, was to be retained as and for liquidated damages in case of failure to make payment, it is evident from the whole transaction that all that was intended to be secured by requiring a deposit of the check with the bid was the fulfilment of the contract on the part of the successful bidder. The amount was…
2Cases cited1 opinion
- Emery v. BoyleSupreme Court of Pennsylvania · 1901
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