Legal Opinion

Hartupee v. City of Pittsburgh

Supreme Court of Pennsylvania

Decided March 24, 1890No. 213PublishedCited by 10 opinions

APPEAL BY PLAINTIEE FROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY, IN EQUITY. No. 213 October Term 1889, Sup. Ct.; court below, No. 753 December Term 1887, C. P. No. 1, in Equity.

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APPEAL BY PLAINTIEE FROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY, IN EQUITY. No. 213 October Term 1889, Sup. Ct.; court below, No. 753 December Term 1887, C. P. No. 1, in Equity. On November 23, 1887, Andrew Ilartupee filed a bill in equity against the city of Pittsburgh and Joseph L. Lowry, averring in substance : That on August 22, 1872, the plaintiff entered into a contract with said city for the construction by him of two pumping engines for the city water works, for the price of $423,550, and on September 4, 1873, entered into a similar contract to construct two other engines…

1Opinion of the Court

Per. Curiam :

This case ends a long litigation, involving a large amount of money. Andrew Hartupee, the appellant, contracted in the year 1872 with the city of Pittsburgh, to furnish two pumping engines for the city water works at a cost of $423,550, and to have the same completed and ready for service on or before November 15, 1873. A subsequent contract was made for two more engines at a cost of $375,000, to be completed on or before November 15, 1874. The engines were not finished within the time fixed; the city alleged that the materials used were defective, and not according to…

2Cases cited2 opinions

  1. Hostetter v. City of PittsburghSupreme Court of Pennsylvania · 1884
  2. Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1881

3Cited by10 opinions

  1. Allstate Insurance v. FioravantiSupreme Court of Pennsylvania · 1973
  2. Patriotic Order Sons of America Hall Ass'n v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1931
  3. Zimmerman v. MarymorSupreme Court of Pennsylvania · 1927
  4. Duvall v. SulznerU.S. Circuit Court for the District of Western Pennsylvania · 1907
  5. Lucas Coal Co. v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1892

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