Wright v. Barber
Supreme Court of Pennsylvania
Appeal, No. 363, Jan. T., 1921, by Michael Barber, from decree of C. P. Susquehanna Co., Noy. T., 1919, No. 134, on bill in equity, in case of Minnie M. Wright and Ira H, Spencer v. Borough of Susquehanna Depot, M. J. Lannon et al., councilmen, and Michael Barber. Bill in equity by taxpayers of the borough of Susquehanna Depot for an injunction to restrain payment of money to Michael Barber on a paying contract.
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Appeal, No. 363, Jan. T., 1921, by Michael Barber, from decree of C. P. Susquehanna Co., Noy. T., 1919, No. 134, on bill in equity, in case of Minnie M. Wright and Ira H, Spencer v. Borough of Susquehanna Depot, M. J. Lannon et al., councilmen, and Michael Barber. Bill in equity by taxpayers of the borough of Susquehanna Depot for an injunction to restrain payment of money to Michael Barber on a paying contract. Before Smith, P. J. The opinion of the Supreme Court states the facts. The court entered a decree in accordance with the prayer of the bill. Defendant, Michael Barber, appealed.…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plain iffs, who owned properties fronting on West Main Street in the borough of Susquehanna Depot and *188were taxpayers therein, filed a bill in equity against the borough, certain of the municipal officers, and Michael Barber, the appellant, averring the latter had a contract with the borough authorizing him to pave, curb and gutter West Main Street and Willow Avenue; that the work had been partly performed and was being completed in a manner substantially different from that provided in the contracts, plans and specifications, to the great loss of the borough;…
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