Hinkle v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 202, Jan. T., 1905, by John H. Hinkle, trading as J. H. Hinkle & Company, plaintiff, from judgment of C. P. No. 3, Philadelphia Co., March T., 1903, No. 4,279; for defendant on case-tried without a jury in the matter of John H. Hinkle, trading as J. H. Hinkle & Company, v. City of Philadelphia. Before Mitchell, C-. J., Assumpsit to recover moneys retained by the city.
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Appeal, No. 202, Jan. T., 1905, by John H. Hinkle, trading as J. H. Hinkle & Company, plaintiff, from judgment of C. P. No. 3, Philadelphia Co., March T., 1903, No. 4,279; for defendant on case-tried without a jury in the matter of John H. Hinkle, trading as J. H. Hinkle & Company, v. City of Philadelphia. Before Mitchell, C-. J., Assumpsit to recover moneys retained by the city. Before von Moschzisker, J. The case was tried by the court by agreement of counsel without a jury under the act of April 22, 1874. The facts are stated in the opinion of the Supreme Court- Plaintiff presented the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
There is one controlling question in this case, and on the facts found by the trial judge, our view of it compels us to rule the case against the city. It is therefore unnecessary to discuss or determine the other questions raised on the record or to examine or review the testimony produced at the trial.
The bids or proposals were opened on December 30, 1903, and the contracts were awarded on December 31 for cleaning the streets of the entire city during the year 1904. For convenience in letting and performing the work, the city is divided into six…
2Cited by12 opinions
- Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1925
- Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
- McIntosh Road Materials Co. v. WoolworthSupreme Court of Pennsylvania · 1950
- Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Flinn v. PhiladelphiaSupreme Court of Pennsylvania · 1917
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