Childs v. Brown Township
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an action of assumpsit, by Richard Childs, for the use of J. B. Strong, against the township of Brown in the county of Lycoming, to recover the sum of $175 with interest, which sum was alleged to be due to the plaintiff from the defendant, under a contract for building a road w.hieh had been ordered by the Court of Quarter Sessions in said township, with the necessary bridges, &c.
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Error to the Common Pleas of Lycoming county. This was an action of assumpsit, by Richard Childs, for the use of J. B. Strong, against the township of Brown in the county of Lycoming, to recover the sum of $175 with interest, which sum was alleged to be due to the plaintiff from the defendant, under a contract for building a road w.hieh had been ordered by the Court of Quarter Sessions in said township, with the necessary bridges, &c. The principal defence in the, court below was, that the supervisors of the township had no authority to make such a contract. Under the instruction of the…
1Opinion of the Court
The’ opinion of the court was delivered,
by Strong, J.
In the year 1852, a new road was laid out and ordered to be opened in Brown township, by the Court of Quarter Sessions of Lycoming county. On the 10th day of December 1853, the supervisors of the township entered into a contract with the plaintiff, by wbieh he agreed to make the road, to furnish plank and to build three bridges, or more, if necessary, thereon, for the sum of $175, which sum they agreed to pay with a county order, or out of the first money in the treasury that belonged to the township, after the completion of the road. In…
2Cited by2 opinions
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- F. C. Austin Manufacturing Co. v. AyrSuperior Court of Pennsylvania · 1906