Burke v. Allegheny County

Opinion by

Mr. Justice Schaffer,

Earl B. Burke entered into a contract with the County of Allegheny for the construction of approaches to a bridge. He was paid the sum of $88,931.97 for the work done and the county admits there is still due him $1,198.30. He refused to accept this sum and claimed there was still due him $25,219.12, with interest. To recover this amount he brought the present action. The jury found a verdict in his favor for $9,277.06. From the judgment entered on the verdict the county appeals.

The level of the bridge in question had been raised. It was, therefore, necessary…