Ferro-Concrete Co. v. Northampton County
Supreme Court of Pennsylvania
Appeal, No. 206, Jan. T., 1913, by defendant, from judgment of C. P. Northampton Co., Feb. T., 1913, No. 53, on verdict for plaintiff in case of Ferro-Concrete Co. v. The County of Northampton. Assumpsit to recover balance due on a building contract. Before Stewart, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $14,836.74 and judgment thereon. Defendant appealed. Errrors assigned were various instructions of the court and rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The action was for the recovery of a balance on the contract price for the erection and construction of a concrete bridge, with steel reenforcements, over the Lehigh river at Easton. Under the contract plaintiffs were to receive for the completed structure $109,950. This sum, less ten per cent, which under the terms of the contract was to become payable upon an inspection of the bridge by viewers appointed by law, and an approval by the court, has been fully paid to the plaintiffs. The controversy is over the ten per cént. retained. The bridge has been fully…
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