Legal Opinion

Sheehan v. Pittsburg

Supreme Court of Pennsylvania

Decided November 4, 1905No. Appeal, No. 85PublishedCited by 24 opinions

Appeal, No. 85, Oct. T., 1905, by defendant, from judgment of C. P. No. 2, Allegheny Co.,, Oct. T., 1901, No. 300, on verdict for plaintiffs in case of John C. Sheehan et al. v. City of Pittsburg. Assumpsit on a municipal contract for the construction of a street. Before Frazer, P. J. At the trial it appeared that on September 16,1896, the city of Pittsburg entered into a contract with W. E. Howley & Co. for the construction of a street known as the Grant Boulevard.

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Appeal, No. 85, Oct. T., 1905, by defendant, from judgment of C. P. No. 2, Allegheny Co.,, Oct. T., 1901, No. 300, on verdict for plaintiffs in case of John C. Sheehan et al. v. City of Pittsburg. Assumpsit on a municipal contract for the construction of a street. Before Frazer, P. J. At the trial it appeared that on September 16,1896, the city of Pittsburg entered into a contract with W. E. Howley & Co. for the construction of a street known as the Grant Boulevard. This contract was subsequently assigned to Werneberg, Sheehan & Company, plaintiffs. Both parties to the contract assumed that…

1Opinion of the Court

Peb Cubiam,

Notwithstanding the breadth of the language of the agreement that all loss or damages from unforeseen obstructions and difficulties and from delay, were to be borne by the contractors, it-.is clear that the delay from the city’s failure to obtain complete right-of way was not in the class of difficulties and delays -which were in the minds of the parties, for the agreement itself was based on the assumption by both parties that the complete right of way had been secured'so that the work could be begun at any point and proceed without intei’ruption.

For- the same reason .the…

2Cited by24 opinions

  1. Grant Construction Co. v. BurnsIdaho Supreme Court · 1968
  2. Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
  3. Ace Stone, Inc. v. Township of WayneSupreme Court of New Jersey · 1966
  4. Coatesville Contractors & Engineers, Inc. v. Borough of Ridley ParkSupreme Court of Pennsylvania · 1986
  5. Gasparini Excavating Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1963

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