Malone v. Philadelphia
Supreme Court of Pennsylvania
APPEAL BY PLATNTIFFS FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 167 July Term 1889, Sup. Ct.; court below, No. 346 December Term 1888, C. P. No. 1. On December 15, 3888, R. A. Malone and others, trading as R. A. Malone & Sons, brought assumpsit against the city of Philadelphia, filing a statement of claim for tbe recovery of a balance of $3,100 alleged to be due and unpaid to tbe plaintiffs from tbe defendant upon a completed contract for tbe…
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APPEAL BY PLATNTIFFS FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 167 July Term 1889, Sup. Ct.; court below, No. 346 December Term 1888, C. P. No. 1. On December 15, 3888, R. A. Malone and others, trading as R. A. Malone & Sons, brought assumpsit against the city of Philadelphia, filing a statement of claim for tbe recovery of a balance of $3,100 alleged to be due and unpaid to tbe plaintiffs from tbe defendant upon a completed contract for tbe construction of tbe Schuylkill river bridge upon Market street. Tbe defendant city, suggesting that it could not be required to…
1Per curiam
We need not discuss the first specification of error, as we all regard the affidavit of defence sufficient to send the case to a jury; and, because it must be passed upon by a jury and may come up again in another form, we decline, for obvious reasons, to comment further upon the affidavit.
Affirmed.