Dunlap v. Erie Water Commissioners
Supreme Court of Pennsylvania
Appeal, No. 74, July T., 1891, by defendants, from judgment of C. P. Erie Co., Sept. T., 1886, No. 29, on verdict for plaintiff, John Dunlap. Assumpsit to recover for extra work on contract. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 74, July T., 1891, by defendants, from judgment of C. P. Erie Co., Sept. T., 1886, No. 29, on verdict for plaintiff, John Dunlap. Assumpsit to recover for extra work on contract. The facts appear by the opinion of the Supreme Court. The court charged in part as follows by Gunnison, P. J.: “ It is necessary, therefore, in order to find for the plaintiff, that you find, (1) that there was a mutual mistake, or that there was an accumulation of sand, and that a knowledge of it was not possessed by either party; and (2) that there was an agreement made by the commissioners to pay for…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
On the 13th of June, 1884, the Water Commissioners of the city of Erie entered into a contract with J. Louis Linn of said city to furnish the material and do all the work necessary to *480construct, complete and place in position according to tbe specifications attached thereto, a wooden inlet pipe to be located at the water works, Erie, Pa., and for which they agreed to pay Linn the sum of $3,625. The parties, having afterwards ascertained that the space between the piers or lower cribs, in which the wooden tube was to be located, was insufficient to allow the…
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