Jonathan Clark & Sons Co. v. Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 142, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1903, No. 812, on verdict for plaintiff in case of Jonathan Clark & Sons Company for the use of The Mercantile Trust Company v. City of Pittsburgh. Assumpsit on a municipal contract. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 142, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1903, No. 812, on verdict for plaintiff in case of Jonathan Clark & Sons Company for the use of The Mercantile Trust Company v. City of Pittsburgh. Assumpsit on a municipal contract. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the court refused binding instructions in favor of defendant as to certain items of extra work. [8, 9, 10] Defendant presented, inter alia, this point: 5. If the foregoing points are refused, the court is respectfully…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Jonathan Clark & Sons Company, a foreign corporation, entered into a contract with the city of Pittsburgh for the construction of a reservoir in Highland Park. The Mercantile Trust Company became surety for the contractor for the faithful performance of its contract. The work was abandoned by the contractor, and the surety, with the consent of the city, undertook to complete it. Hpon its completion this suit was brought to recover the balance alleged to be due. The chief contention of the city is as to the amount recovered for extra work, and the reason assigned…
2Cases cited1 opinion
- Chandley Bros. v. Cambridge Springs BoroughSupreme Court of Pennsylvania · 1901
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