Collins v. Barnes
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas, No. 2, of Allegheny county : Of October and November Term 1875, No. 250. Covenant (afterwards changed to debt) by P. E. Collins and J. M. Moorehead, trading as Collins & Co., against O. W. Barnes. The material facts were these: The defendant in 1869 entered into a contract with the Connecticut Western Railroad Company to build their road. He afterwards sublet the building of mile sections, from 18 to 24, inclusive, to the plaintiffs.
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Error to tbe Court of Common Pleas, No. 2, of Allegheny county : Of October and November Term 1875, No. 250. Covenant (afterwards changed to debt) by P. E. Collins and J. M. Moorehead, trading as Collins & Co., against O. W. Barnes. The material facts were these: The defendant in 1869 entered into a contract with the Connecticut Western Railroad Company to build their road. He afterwards sublet the building of mile sections, from 18 to 24, inclusive, to the plaintiffs. The contract between the plaintiffs and the defendant was the same precisely as that between the defendant and the railroad…
1Opinion of the CourtJustice Gordon
By the contract of December 15th 1869, Barnes agreed to pay to Collins and Moorehead, on the monthly estimates of the engineers of the railroad company, eighty-five per cent, of the value of the work to be by them done, and when all said work was fully completed, “ agreeably to the specification, and in accordance with the directions and to the satisfaction and acceptance of the chief engineer of the Connecticut Western Railroad Company,” there was tobe “a final estimate made'of the quantity, character and value of said work,” agreeably to the terms of said agreement, and' then, and not until…
2Cited by2 opinions
- McCauley v. KellerSupreme Court of Pennsylvania · 1889
- Collins v. BarnesSupreme Court of Pennsylvania · 1889