Boas v. City of Philadelphia

Dissenting Opinion by

Gawthrop, J.:

One of the questions presented is whether plaintiff (appellant) is entitled to recover for the electric energy furnished from October 15th to November 4,1922, under the terms of the contract between him and the city, dated July 1, 1922.

The facts are not in dispute. They appear in a case stated for the opinion of the trial court and are substantially these: A written contract was executed by the parties, on July 1, 1922, for supplying work and equipment in and about the building of a line of railway. One of the items to be furnished by plaintiff was “electric…