Legal Opinion

Gaynor ex rel. Bartles v. Williamsport & North Branch Railroad

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 471PublishedCited by 2 opinions

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.

Read the full summary

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…

2Cited by2 opinions

  1. Republic Bank Note Co. v. Northwestern Pennsylvania RailroadSuperior Court of Pennsylvania · 1916
  2. Workingman's Loan & Building Ass'n v. HeatonSupreme Court of Pennsylvania · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API