McKallip v. Altoona
Supreme Court of Pennsylvania
Appeal, No. 42, Jan. T., 1917, by plaintiffs, from judgment of C. P. Blair Co., Jan. T., 1917, No. 66, on verdict for defendant in case of Robert L. McKallip, surviving and liquidating partner of Charles J. Carothers, trading as Carothers Contracting Company, on their behalf and in part for the use of South Side Trust Company of Pittsburgh, v. City of Altoona. Assumpsit to recover a balance alleged to be due for the construction of a reservoir.
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Appeal, No. 42, Jan. T., 1917, by plaintiffs, from judgment of C. P. Blair Co., Jan. T., 1917, No. 66, on verdict for defendant in case of Robert L. McKallip, surviving and liquidating partner of Charles J. Carothers, trading as Carothers Contracting Company, on their behalf and in part for the use of South Side Trust Company of Pittsburgh, v. City of Altoona. Assumpsit to recover a balance alleged to be due for the construction of a reservoir. Before Baldrige, P. J. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned was…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The Carothers Contracting Company entered into an agreement with the City of Altoona for the construction of a large reservoir, and the National Surety Company, of New York, became surety for the contract. Various parts of the work were separately set out, but the plans and specifications, as a whole, called for a completed reservoir. As the separate parts relate to the question now before the court, provision was made for a core-wall to be built on solid foundation; against this core-wall, on the inner and outer sides, embankments were to be placed, and on the…
2Cases cited5 opinions
- Gillespie Tool Co. v. WilsonSupreme Court of Pennsylvania · 1888
- Nibbe v. BrauhnIllinois Supreme Court · 1860
- Wiggin v. Marsh Lumber Co.West Virginia Supreme Court · 1915
- Beltinck v. Tacoma Theater Co.Washington Supreme Court · 1910
- A. C. Denahan & Co. v. Holmesburg Granite Co.Superior Court of Pennsylvania · 1911
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