Vulcanite Paving Co. v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 303, Jan. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., March T., 1913, No. 3804, on verdict for plaintiff, in case of Vulcanite Paving Company v. City of Philadelphia. Assumpsit for paving. Before Davis, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,840, and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 303, Jan. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., March T., 1913, No. 3804, on verdict for plaintiff, in case of Vulcanite Paving Company v. City of Philadelphia. Assumpsit for paving. Before Davis, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,840, and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence, instructions to the jury, answers to points and the refusal of the court to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff company entered into an agreement with the City of Philadelphia to do certain paving. The contract required the city to pay cash for work in front of all “unassessable” property, and to give assessment bills against the premises for work done in front of assessable property. This form of contract has been construed by us to mean that the city must pay the contractor the amount of all assessment bills handed to him whenever it develops that the paving covered by such bills abuts on unassessable property, even though the *607bills apparently had been…
2Cases cited4 opinions
- Addyston Pipe & Steel Co. v. City of CorrySupreme Court of Pennsylvania · 1900
- Smith v. City of PhiladelphiaSupreme Court of Pennsylvania · 1910
- Lewis v. PhiladelphiaSupreme Court of Pennsylvania · 1912
- Vulcanite Paving Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1916