Gaynor ex rel. Bartles v. Williamsport & North Branch Railroad
Supreme Court of Pennsylvania
Appeal, No. 471, Jan. T., 1897, by plaintiffs, from judgment of C. P. Sullivan Co., Feb. T., 1894, No. 181, on verdict for defendant. Assumpsit on a contract for building a railroad. Before Lynch, J., of the 11th judicial district, specially presiding. Plaintiffs’ statement was as follows: The plaintiffs claim to recover from the defendant the sum of $100,000 as a balance due them, and hereby set forth a statement of their cause of action.
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Appeal, No. 471, Jan. T., 1897, by plaintiffs, from judgment of C. P. Sullivan Co., Feb. T., 1894, No. 181, on verdict for defendant. Assumpsit on a contract for building a railroad. Before Lynch, J., of the 11th judicial district, specially presiding. Plaintiffs’ statement was as follows: The plaintiffs claim to recover from the defendant the sum of $100,000 as a balance due them, and hereby set forth a statement of their cause of action. The defendant is a corporation created under the laws of the state of Pennsylvania, and by its charter it was authorized to construct a railroad from…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The parties to the contract of August 17, 1892, and to the agreement of November 2, 1892, were Edgar A. Taylor, of the first part, and E. J. Gaynor, Son & Co., of the second part: The
August contract related mainly to the work to be done under it by the party of the second part in the construction “ of the extension of the Williamsport and North Branch Railway from Nordmont to Dohm’s Summit in Sullivan county, Pa.,” to the cost or price of such work, and to the time and manner of making payments on account of it. The protection afforded to Gaynor, Son & Co. by…
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