Legal Opinion

Addis v. City of Pittsburgh

Supreme Court of Pennsylvania

Decided October 31, 1877No. 2PublishedCited by 13 opinions

Error to tire Court of Common Pleas, No. 2, of Allegheny comity: Of October and November Term, 1876, No. 196. Assumpsit by Mattorly Addis against the city of Pittsburgh, to recover §5000, for extra work and materials furnished as a contractor in grading Wilkins avenue, in said city.

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Error to tire Court of Common Pleas, No. 2, of Allegheny comity: Of October and November Term, 1876, No. 196. Assumpsit by Mattorly Addis against the city of Pittsburgh, to recover §5000, for extra work and materials furnished as a contractor in grading Wilkins avenue, in said city. The councils of Pittsburgh on .the 25th of July 1870 passed an ordinance authorizing the grading of said avenue, and directing the city engineer to advertise and let the same in conformity with law. The engineer let the contract to Addis, who gave bonds for the completion of the work and entered upon the…

1Opinion of the CourtJustice Sharswood

We think that the learned judge below was right in his ruling upon the offers of evidence by the plaintiff, and in his charge to the jury.

Under the Acts of Assembly and the ordinances of the city councils given in evidence, contracts for the grading and paving of streets, are to be let after due advertisement to the lowest and best bidder. It is perfectly true that after the contract had been given to the plaintiff, the city had no right to alter it and impose different terms on the contractor as they did by the ordinance changing the grade of Wilkins avenue. The plaintiff would clearly have…

2Cited by13 opinions

  1. Ezy Parks v. LarsonSupreme Court of Pennsylvania · 1982
  2. Commonwealth Ex Rel. v. JonesSupreme Court of Pennsylvania · 1925
  3. Marshall & Bruce Co. v. City of NashvilleTennessee Supreme Court · 1902
  4. Philadelphia Co. v. City of PittsburghSupreme Court of Pennsylvania · 1916
  5. Waltman v. Albany Township School DistrictSuperior Court of Pennsylvania · 1916

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