Filbert v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 72. Jan. T.. 1897, by-defendant,'from judgment of C. P. No. 3, Pbila. Co., June T., 1895, No. 682, on verdict for plaintiffs. Assumpsit to recover balance due on a municipal contract for building a reservoir. Before McMichael, J. The facts appear by the opinion of the Supreme Court, and by the charge of the court below which was as follows: The plaintiffs, LudwigS.
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Appeal, No. 72. Jan. T.. 1897, by-defendant,'from judgment of C. P. No. 3, Pbila. Co., June T., 1895, No. 682, on verdict for plaintiffs. Assumpsit to recover balance due on a municipal contract for building a reservoir. Before McMichael, J. The facts appear by the opinion of the Supreme Court, and by the charge of the court below which was as follows: The plaintiffs, LudwigS. Filbert, Charles A. Porter, Kennedy Crossan and John Keller, trading as Filbert, Porter & Company, claim of the defendant, the city of PMladelphia, the sum of $122,731.77, with legal interest thereon from January 1,…
1Opinion of the Court
Opinion by
Mb,. Justice Fell,
The two main propositions upon which the appellant relies are: (1) that the plaintiffs’ obligation was not fulfilled by the construction of a reservoir in exact compliance with the terms of their contract with the city, but that they were bound to construct a reservoir through which water would not penetrate ; (2) that the director of public works had no power to make any change in the plans and specifications, and that for a construction made in compliance with the changes directed by him, there could be no recovery. To answer these propositions we must consider…
2Cases cited1 opinion
- Monocacy Bridge Co. v. American Iron Bridge Manufacturing Co.Supreme Court of Pennsylvania · 1877
3Cited by59 opinions
- Hammaker v. SchleighCourt of Appeals of Maryland · 1929
- Philadelphia Housing Authority v. Turner Construction Co.Supreme Court of Pennsylvania · 1941
- City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922
- Canuso v. PhiladelphiaSupreme Court of Pennsylvania · 1937
- Brasher v. City of AlexandriaSupreme Court of Louisiana · 1949
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