Philadelphia v. Harry C. Nichols Co.
Supreme Court of Pennsylvania
Appeal, No. 306, Jan. T. 1905, by-defendant, from order of C. P. No. 4, Phila. Co., March T., 1901, No. 1,268, dismissing exceptions to adjudication in case of The City of Philadelphia to use of Edmund Webster and Andrew D. Keyser, trading as Edmund Webster and Nephew, y. The Harry C. Nichols Company, James Harffey and The Union Surety and Guaranty Company. Assumpsit upon a bond.
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Appeal, No. 306, Jan. T. 1905, by-defendant, from order of C. P. No. 4, Phila. Co., March T., 1901, No. 1,268, dismissing exceptions to adjudication in case of The City of Philadelphia to use of Edmund Webster and Andrew D. Keyser, trading as Edmund Webster and Nephew, y. The Harry C. Nichols Company, James Harffey and The Union Surety and Guaranty Company. Assumpsit upon a bond. The case was referred to George Wharton Pepper, Esq., who found the facts to be as follows: 1. On March 30, 1896, the councils of Philadelphia passed an ordinance which was duly signed by the mayor. The ordinance was…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was on a bond given by the Harry C. Nichols Company, principal, and the Union Surety and Guaranty Company, surety to the city of Philadelphia, conditioned that the Nichols Company should pay all sums due for labor or materials supplied in the erection of a schoolhouse for the building of which the said company had entered into a contract with the city. The Nichols Company contracted with one Harffey for the brickwork for the building and the use plaintiffs furnished the bricks used under his contract.
At the trial before the referee chosen by the parties,…
2Cases cited1 opinion
- Bowditch v. GourleySuperior Court of Pennsylvania · 1904
3Cited by24 opinions
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- New Britain Lumber Co. v. American Surety Co.Supreme Court of Connecticut · 1931
- State Ex Rel. West Virginia Sand & Gravel Co. v. Royal Indemnity Co.West Virginia Supreme Court · 1925
- Fulghum & Union Indemnity Co. v. StateSupreme Court of Florida · 1926
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