Breslin v. Earley
Superior Court of Pennsylvania
Appeal, No. 54, March T., 1908, by plaintiff, from order of C. P. Carbon Co., Oct. T., 1907, No. 50, refusing writ of mandamus in case of Andrew Breslin v. John Earley, Jr., President of the Town Council of Lansford Borough, Pa. Petition for mandamus. Before Heydt, P. J. The facts appear by the opinion of the Superior Court. The court entered judgment for defendant on a. demurrer to the answer to the petition. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion b.y
Orlady, J.,
On April 26, 1906, the plaintiff entered into a contract with the borough of Lansford for the erection of a two story brick addition and certain alterations to be made to an engine and *51hose house in accordance with plans and specifications prepared by a selected architect. In June at a regularly convened meeting of the borough council, a resolution was duly passed by a vote of seven to two, that an order be drawn on the treasurer for the sum of $769.40 in favor of the plaintiff in settlement of the balance found to be due on his contract. This order was drawn and…
2Cases cited8 opinions
- Commonwealth ex rel. Century Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892
- Jones v. Schuylkill Light, Heat and Power Co.Supreme Court of Pennsylvania · 1902
- Douglas v. McLeanSuperior Court of Pennsylvania · 1904
- Commonwealth v. LarkinSupreme Court of Pennsylvania · 1906
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3Cited by2 opinions
- Ribblet v. WestrickSupreme Court of Pennsylvania · 1941
- Thomas Colliery Co. v. Shenandoah Borough, Pennsylvania Court of Common Pleas, Schuylkill County1925