Cunningham v. Dunlap
Supreme Court of Pennsylvania
Appeal, No. 142, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1911, No. 4481, for defendants on demurrer to return to a writ of alternative mandamus in case of Thomas F. Cunningham, George F. Murray, James A. Cunningham and Joseph L. Cunningham, trading as Cunningham & Murray, v. Fred C. Dunlap, Chief of Bureau of Water, Harry A. Mackey, Director of the Department of Public Works, and John M. Walton, City Controller of the City of…
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Appeal, No. 142, Jan. T., 1912, by plaintiffs, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1911, No. 4481, for defendants on demurrer to return to a writ of alternative mandamus in case of Thomas F. Cunningham, George F. Murray, James A. Cunningham and Joseph L. Cunningham, trading as Cunningham & Murray, v. Fred C. Dunlap, Chief of Bureau of Water, Harry A. Mackey, Director of the Department of Public Works, and John M. Walton, City Controller of the City of Philadelphia. Petition for writ of alternative mandamus. The facts are stated in the opinion of the Supreme Court. Error…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On July 2, 1906, Cunningham & Murray, the appellants, entered into a written contract with the City of Philadelphia, known as contract No. 70, for digging-trenches and laying water pipe in connection with the Torresdale filtration plant. They made claim for extra or additional work not provided for in the contract, and the city councils, on November 10,1911, by a two-thirds vote of each branch, passed the following- ordinance, which was approved by the mayor on the same day: “An Ordinance to authorize the -Department of Public Works to draw and the City Controller…
2Cases cited2 opinions
- O'Rourke v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- Brobst v. City of ReadingSupreme Court of Pennsylvania · 1912
3Cited by12 opinions
- Commonwealth ex rel. Bell v. PowellSupreme Court of Pennsylvania · 1915
- Denbow v. Borough of LeetsdaleSupreme Court of Pennsylvania · 1999
- Morgan v. JohnstownSupreme Court of Pennsylvania · 1931
- Harbold v. ReadingSupreme Court of Pennsylvania · 1946
- Estate of GrayWisconsin Supreme Court · 1953
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