O'Malley v. Olyphant Borough
Supreme Court of Pennsylvania
Appeal, No. 195, Jan. T., 1900, by plaintiff;, from decree of C. P. Lackawanna Co., May T., 1899, No. 2, dismissing bill in equity in case of Charles P. O’Malley v. Borough of Olyphant, Stephen Flanagan and Patrick O’Horo. Bill in equity for an injunction. Before Edwards, J. The facts are fully set forth in the opinion of the Supreme Court. The court entered a decree dismissing the bill. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
By a contract dated September 12,1898, Flanagan and O’Horo agreed with the borough of Olyphant, in Lackawanna county, to construct a sewer in the first sewer district of said borough, in accordance with the provisions of an ordinance approved July 28,1898, and in conformity with the terms of said contract. The work was to be completed before December 1,1898. The compensation to the contractors was to be $1.75 per lineal foot, payable from moneys collected by virtue of assessments upon the properties benefited, except such portions as might be finally assessed…
2Cited by12 opinions
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- Innes v. Nanticoke City School DistrictSupreme Court of Pennsylvania · 1941
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