Addyston Pipe & Steel Co. v. City of Corry
Supreme Court of Pennsylvania
Appeal, No. 358, Jan. T., 1899, by plaintiff, from judgment of C. P. Erie Co., Feb. T., 1899, No. 114, on case stated in the case of Addyston Pipe and Steel Co. v. City of Corry. Case stated to determine liability of the city of Corry to pay the balance due on a contract for building a sewer.
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Appeal, No. 358, Jan. T., 1899, by plaintiff, from judgment of C. P. Erie Co., Feb. T., 1899, No. 114, on case stated in the case of Addyston Pipe and Steel Co. v. City of Corry. Case stated to determine liability of the city of Corry to pay the balance due on a contract for building a sewer. The case stated was as follows: 1. That on September 13, 1891, the said city of Corry entered into a contract with William J. Dunn for the construction of a main public sewer in the said city. 2. That in pursuance with said contract, the said William J. Dunn did construct the sewer as therein provided,…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
The city of Corry formally contracted for the building of a sewer, the contractor performed the work, the city accepted it, and is in possession, but it now seeks to escape payment on the ground that its contract was ultra vires. If this is true the overruling requirements of public policy compel us to hold the defense good in law, however unjust and dishonest in morals. But the invalidity of the contract should be clearly established, and the burden of showing it is on the city. This being a case stated all facts not contained in it must be assumed not to…
2Cases cited3 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Appeal of the City of ErieSupreme Court of Pennsylvania · 1879
- Wade v. Oakmont BoroughSupreme Court of Pennsylvania · 1895
3Cited by51 opinions
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- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
- Jackson v. Conneautville Borough School DistrictSupreme Court of Pennsylvania · 1924
- Athens National Bank v. Ridgebury TownshipSupreme Court of Pennsylvania · 1931
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