Commonwealth ex rel. Curran v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 150, Jan. T., 1904, by plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1903, No. 2835, refusing peremptory mandamus in case of Commonwealth ex rel. James Curran v. City of Philadelphia, Peter E. Costello, Director of the Department of Public Works and Henry R. Shoch, City Treasurer. Petition for mandamus by a contractor to secure a return of a ten per cent deposit on a municipal contract.
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Appeal, No. 150, Jan. T., 1904, by plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1903, No. 2835, refusing peremptory mandamus in case of Commonwealth ex rel. James Curran v. City of Philadelphia, Peter E. Costello, Director of the Department of Public Works and Henry R. Shoch, City Treasurer. Petition for mandamus by a contractor to secure a return of a ten per cent deposit on a municipal contract. Before Martin, P. J. ^ The opinion of the Supreme Court sets forth the material portions of all the papers relating to the case. In addition to the facts stated in the opinion, it…
1Opinion of the Court
Opinion by
Mb.. Chief Justice Mitchell,
The relator, Curran, entered into a contract with the city of Philadelphia to clean certain streets during the year 1903 for the sum of $172,000 and in compliance with the requirements of his contract and the ordinance of December 24, 1881, he deposited ten per cent of the contract amount, to wit: $17,200, in cash with the city treasurer. He also gave bond with security under other ordinances for the performance of his con*88tract. At the close of the year 1903 he demanded of the director of public works an order on the city treasurer for the return of his…
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