Vulcanite Paving Co. v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 351, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1911, No. 409, for defendant non obstante veredicto in case of Vulcanite Paving Company v. Philadelphia. Assumpsit for paving. Before Audenried, J. The facts are stated in the opinion of the Supreme Court. At the trial there was a verdict for plaintiff for $2,-242.53. Subsequently the court entered judgment for defendant non obstante veredicto.
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Appeal, No. 351, Jan. T., 1912, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1911, No. 409, for defendant non obstante veredicto in case of Vulcanite Paving Company v. Philadelphia. Assumpsit for paving. Before Audenried, J. The facts are stated in the opinion of the Supreme Court. At the trial there was a verdict for plaintiff for $2,-242.53. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was an action of assumpsit brought in the court below by the plaintiff company to recover from the City of Philadelphia the balance due under a contract made in 1902 for the paving of Allegheny avenue from Second to Fifth street. The sum claimed is the amount of two assessment bills delivered to the plaintiff by the city. There was a verdict for the plaintiff which, on motion of counsel, was set aside and judgment entered for the defendant notwithstanding the verdict.
The contract is dated November 26, 1902, and the *526portions, material to the issue in this…
2Cases cited2 opinions
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