Legal Opinion

Ruch v. York

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 122PublishedCited by 19 opinions

Appeal, No. 122, Jan. T., 1911, by plaintiffs, from judgment of C. P. York Co., April T., 1911, No. 35, for defendant on demurrer to statement in case of George W. Ruch and Joseph N. Ruch, trading as George W. Ruch & Company v. York City. Assumpsit to recover a balance alleged to be due on a contract for the construction of a sewer system. Demurrer to statement.

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Appeal, No. 122, Jan. T., 1911, by plaintiffs, from judgment of C. P. York Co., April T., 1911, No. 35, for defendant on demurrer to statement in case of George W. Ruch and Joseph N. Ruch, trading as George W. Ruch & Company v. York City. Assumpsit to recover a balance alleged to be due on a contract for the construction of a sewer system. Demurrer to statement. Before Bittenger, P. J. The items of the plaintiffs’ claim were as follows; (a) $12,406.40, for work on so-called “dotted line” and “no line” streets; (b) $2,704.76, for extra excavations for house connections below the average depth…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is an action of assumpsit brought to recover a balance alleged to be due on a contract to construct part of a sewerage system in the city of York, and damages arising out of the contract. The statement claims for work which is alleged to be extra and payable for as such and not regular work payable for at unit prices; for the cost of cleaning the sewers for inspection; for damages by reason of the city’s failure to.provide an outlet for the sewers laid by plaintiffs; and for the amount deducted by the city as liquidated damages for failure to complete the…

2Cases cited7 opinions

  1. Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
  2. Phillips v. MeilySupreme Court of Pennsylvania · 1884
  3. Lauman v. YoungSupreme Court of Pennsylvania · 1858
  4. Borough v. OttSupreme Court of Pennsylvania · 1904
  5. Jonathan Clark & Sons Co. v. PittsburghSupreme Court of Pennsylvania · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Morgan v. JohnstownSupreme Court of Pennsylvania · 1931
  2. J. S. Cornell & Son, Inc. v. RosenwaldSupreme Court of Pennsylvania · 1940
  3. Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
  4. Merritt v. PoliSupreme Court of Pennsylvania · 1912
  5. Monte v. Southern Delaware County AuthorityDistrict Court, E.D. Pennsylvania · 1963

14 more not listed; retrieve them via the Exa API.

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