James H. Harlow & Co. v. Borough of Homestead
Supreme Court of Pennsylvania
Appeal, No. 62, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1898, No. 110, on verdict for plaintiff. Assumpsit on a municipal contract. Before Frazer, J. At the trial it appeared that plaintiffs claimed $2,000, that being the amount of the percentage retained by the borough under a contract for the construction of a reservoir. The contract provided that the plaintiffs should be paid upon estimates made by the engineer.
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Appeal, No. 62, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1898, No. 110, on verdict for plaintiff. Assumpsit on a municipal contract. Before Frazer, J. At the trial it appeared that plaintiffs claimed $2,000, that being the amount of the percentage retained by the borough under a contract for the construction of a reservoir. The contract provided that the plaintiffs should be paid upon estimates made by the engineer. In the last estimate, known as estimate No. 11, the contract was treated as being practically completed. The whole amount due under its…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The appellees entered into a contract with the borough of Homestead for the construction of a reservoir. It provided that they were to do all the work and furnish all the materials called for by this agreement in the manner and under the conditions hereinafter specified.” The terms of the specifications were plain and unambiguous, and the contractors knew just what was required of them. The nature and kind of work to be done and the materials to be furnished by them were set forth in detail. The contract was entered into in June, 1891, and the work completed about…
2Cases cited1 opinion
- Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
3Cited by17 opinions
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- Schliess v. City of Grand RapidsMichigan Supreme Court · 1902
- Mannella v. PittsburghSupreme Court of Pennsylvania · 1939
- Cruthers v. DonahueSupreme Court of Connecticut · 1912
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