Anderson v. Hamilton Township
Supreme Court of Pennsylvania
Error to the Common Pleas of McKean county. This suit was originally brought by Hamilton township against the defendant, before a justice of the peace, for the recovery of a bond or contract signed by defendant (and a surety not named), dated 25th June, 1850. The defendant had contracted to make about 200 rods of a new road for plaintiffs, at 72 cents per rod. No money was to be paid until the job was completed.
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Error to the Common Pleas of McKean county. This suit was originally brought by Hamilton township against the defendant, before a justice of the peace, for the recovery of a bond or contract signed by defendant (and a surety not named), dated 25th June, 1850. The defendant had contracted to make about 200 rods of a new road for plaintiffs, at 72 cents per rod. No money was to be paid until the job was completed. The road commissioners, however, agreed to advance to the defendant $40 of funds they had on hand, and required him to give the above bond with surety, which was conditioned for…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
Neither of the assignments of error is sustained.
The suit was rightly brought in the name of the township, although the agreement was with the road commissioners, who were individually named. The commissioners did not contract for themselves, but for the township, whose officers they were; and the proper party to the action was the corporation.
The work which the defendant proposed to set off against the claim of the township, was done without authority from the commissioners, or either of them, and could not therefore be charged against the…
2Cited by3 opinions
- Trustees of Methodist Episcopal Church of Franklin v. Equitable Surety Co.Supreme Court of Pennsylvania · 1921
- Andrus v. Shippen TownshipSuperior Court of Pennsylvania · 1908
- Blew v. Ryan TownshipSuperior Court of Pennsylvania · 1910