O'Loughlin v. County of Jefferson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county, No. 68, to October and November Term 1867. This was an action of debt brought by the county of Jefferson, against Coleman R. O’Loughlin, John Gallagher and Charles Do Sadler. The writ issued March 31st 1863. On the 26th of October 1861, O’Loughlin entered into a contract with the county of Jefferson, to build a bridge over Little Toby creek.
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Error to the Court of Common Pleas of Jefferson county, No. 68, to October and November Term 1867. This was an action of debt brought by the county of Jefferson, against Coleman R. O’Loughlin, John Gallagher and Charles Do Sadler. The writ issued March 31st 1863. On the 26th of October 1861, O’Loughlin entered into a contract with the county of Jefferson, to build a bridge over Little Toby creek. The contract stipulated that the bridge was to be built on the “ White plan,” and specified in minute detail the manner, dimensions of the bridge, &c. It contained this clause: “ It is also…
1Opinion of the Court
The opinion of the court was delivered, October 31st 1867, by
Thompson, J.
Parties to a contract for executing work, may provide in advance a mode for the adjustment of controversies which may arise out of it. They may establish, if they choose, other tribunals than those provided by law, provided they violate neither public morals nor public policy. Conventio vincet *65legem, is a maxim on that subject, and it is illustrated by many cases, from Coon v. The Monongahela Nav. Co., 6 W. & S. 101, to the .present time. The principle is of importance in this case.
There is a mode provided by the Act of…
2Cases cited2 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Long v. LaufmanSupreme Court of Pennsylvania · 1828