Coryell v. Dubois Borough
Supreme Court of Pennsylvania
Appeal, No. 266, Jan. T., 1908, by defendant, from judgment of C. P. Clearfield Co., Dec. T., 1904, No. 31, for plaintiffs on case tried by the court without a jury in suit of B. H. Coryell and O. B. Bovard, doing business as The Coryell Construction Company, v. Dubois Borough. Assumpsit to recover a balance due on a municipal contract.
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Appeal, No. 266, Jan. T., 1908, by defendant, from judgment of C. P. Clearfield Co., Dec. T., 1904, No. 31, for plaintiffs on case tried by the court without a jury in suit of B. H. Coryell and O. B. Bovard, doing business as The Coryell Construction Company, v. Dubois Borough. Assumpsit to recover a balance due on a municipal contract. The case was tried by Ormerod, P. J., specially presiding without a jury under the provisions of the Act of April 22, 1874, P. L. 109. The facts of the case are stated in the opinion of the Supreme Court. The court entered judgment in favor of the plaintiffs…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff company engaged by written contract to construct for the borough of Dubois, as part of a projected municipal water supply system, a section of the work designated in the plan as Anderson Creek dam or reservoir, in accordance with certain specifications, for the sum of $24,482.30. This price was based on estimates furnished by the borough as to the probable amount of work and material that would be required. Had there been no departure from the original plans and specifications, these estimates would have proved sufficiently accurate, and no…
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