Longstreth v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 354, Jan. T., 1913, by Executors of the Estate of Michael O’Rourke, Deceased, from decree of C. P. No. 5, Philadelphia Co., March T., 1911, No. 2318, granting an injunction in case of William M. Longstreth, Theodore J. Lewis, Arthur H. Lea, Cyrus D. Foss, Jr., S. Weir Mitchell, Charles C. Binney and Logan M. Bullitt v. City of Philadelphia, John M. Walton, Controller of the City of Philadelphia, and Joseph M. Smith, Arthur J. Donnelly and Michael J. O’Rourke,…
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Appeal, No. 354, Jan. T., 1913, by Executors of the Estate of Michael O’Rourke, Deceased, from decree of C. P. No. 5, Philadelphia Co., March T., 1911, No. 2318, granting an injunction in case of William M. Longstreth, Theodore J. Lewis, Arthur H. Lea, Cyrus D. Foss, Jr., S. Weir Mitchell, Charles C. Binney and Logan M. Bullitt v. City of Philadelphia, John M. Walton, Controller of the City of Philadelphia, and Joseph M. Smith, Arthur J. Donnelly and Michael J. O’Rourke, Executors of the Estate of Michael O’Rourke, Deceased. Bill in equity for an injunction. Ralston, J., filed the following…
1Opinion of the Court
Pee Cubiam,
The court below found as a fact that appellants’ decedent, who had a contract with the City of Philadelphia in connection with the construction of a sewer, had been fully paid for all the work called for by his contract, and that, as he had done nothing additional, there was no moral obligation resting upon the city to pay him more. Under this finding, which is not to be disturbed, because sustained by the evidence, the ordinance of the city councils, awarding him more, was invalid: O’Rourke v. Philadelphia, 211 Pa. 79; Cunningham v. Dunlap, 242 Pa. 341.
Decree affirmed at…
2Cases cited2 opinions
- Cunningham v. DunlapSupreme Court of Pennsylvania · 1913
- O'Rourke v. PhiladelphiaSupreme Court of Pennsylvania · 1905
3Cited by5 opinions
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- Harbold v. ReadingSupreme Court of Pennsylvania · 1946