Bowman Bros. v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 106, Oct. T., 1894, by defendants, from order of C. P. No. 2, Allegheny County, Oct. Term, 1898, No. 535, making absolute a rule for judgment for want* of a sufficient affidavit of defence. Assumpsit to recover contract price for paving a portion of Versailles avenue in the city of McKeesport. From the record it appeared that the contract under which the work was done, contained a clause making the city engineer’s decision final.
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Appeal, No. 106, Oct. T., 1894, by defendants, from order of C. P. No. 2, Allegheny County, Oct. Term, 1898, No. 535, making absolute a rule for judgment for want* of a sufficient affidavit of defence. Assumpsit to recover contract price for paving a portion of Versailles avenue in the city of McKeesport. From the record it appeared that the contract under which the work was done, contained a clause making the city engineer’s decision final. Defendants filed, an affidavit of defence in which they averred that plaintiffs had violated their contract in many essential particulars ; that the…
1Opinion of the Court
Per. Curiam,
We find nothing in the affidavit of defence that can be regarded as a sufficient answer to the conclusive effect given, by the 44th section of the contract, to the decision of the engineer in relation to the several matters therein specified. There is no allegation of fraud or collusion between the plaintiffs and the city engineer. Averments to the effect that the latter was negligent and made mistakes are not sufficient. When the parties agreed that, “to prevent all disputes and litigation,” his decision, as to any of the matters referred to,should “be final and conclusive,” they…
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