Vetter v. Meadville
Supreme Court of Pennsylvania
Appeal, No. 139, Jan. T., 1912, by plaintiff, from judgment of C. P. Crawford Co., May T., 1911, No. 47, sustaining demurrer to statement of claim in case of George J. Vetter for use of the Pittsburgh-Buffalo Company v. Meadville. Demurrer to statement of claim.
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Appeal, No. 139, Jan. T., 1912, by plaintiff, from judgment of C. P. Crawford Co., May T., 1911, No. 47, sustaining demurrer to statement of claim in case of George J. Vetter for use of the Pittsburgh-Buffalo Company v. Meadville. Demurrer to statement of claim. Before Prather, P. J. Plaintiff’s statement, briefly summarized, set forth that George J. Vetter, the legal plaintiff, on or about the 13th day of May, 1907, was awarded the contract by the defendant to grade, curb and pave a certain street in the city of Meadville, using Pittsburgh-Buffalo block paving brick. When the use plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff’s statement of claim discloses no cause of action; it is lacking in an essential feature. The suit was brought for and on behalf of the use plaintiff to recover from the city of Meadville a portion of the contract price for which the legal plaintiff, Vetter, had undertaken to grade, curb and pave a portion of a certain street in the city, and which amount it was averred Vetter had assigned to the use plaintiff. The assignment declared on, it will be observed, was but a partial one. The right of recovery therefore, other things being sufficient,…
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