Hallock v. Lebanon
Supreme Court of Pennsylvania
Appeal, No. 374, Jan. T., 1906, by plaintiff, from judgment of C. P. Lebanon Co., March T., 1900, No. 163, refusing to take off nonsuit in case of L. G. Hallock and James Kinney, Jr., trading as Hallock & Kinney, v. City of Lebanon. Assumpsit for work done and materials furnished under a contract. Before Ehrgood, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 374, Jan. T., 1906, by plaintiff, from judgment of C. P. Lebanon Co., March T., 1900, No. 163, refusing to take off nonsuit in case of L. G. Hallock and James Kinney, Jr., trading as Hallock & Kinney, v. City of Lebanon. Assumpsit for work done and materials furnished under a contract. Before Ehrgood, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned among others was (9) refusal to take off non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Potteb,
In this case the plaintiffs sought to recover the cost of an auxiliary waterworks built by them under a contract with the city of Lebanon. Upon the trial the learned judge of the court below granted a motion for a compulsory nonsuit, and subsequently refused to take it off. His refusal was based upon two grounds : first, the ordinance authorizing the contract was invalid, in his view, because, as he held, it was passed in violation of the statute prescribing the mode in which ordinances shall be passed; and, second, because no bond had been given by the plaintiffs…
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