Philadelphia v. Lockhardt ex rel. Pyle & Hansell
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 433, to January Term 1871. This was an action of debt, brought February 5th 1870, by George W. Lockhardt to the use of Pyle & Hansell against the City of Philadelphia. The claim was for a balance due for building a public school-house under a contract of Lockhardt with the controllers of public schools, in the First District of Pennsylvania, the claim having been assigned to Pyle & Hansell before anything was done.
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Error to the District Court of Philadelphia: No. 433, to January Term 1871. This was an action of debt, brought February 5th 1870, by George W. Lockhardt to the use of Pyle & Hansell against the City of Philadelphia. The claim was for a balance due for building a public school-house under a contract of Lockhardt with the controllers of public schools, in the First District of Pennsylvania, the claim having been assigned to Pyle & Hansell before anything was done. The case was tried February 23d 1871, before Thayer, J. The plaintiff offered in evidence an agreement dated October 8th 1867,…
1Opinion of the Court
*216The opinion of the court was delivered, March 17th 1873, by
Mercur, J.
The admission in evidence of the written contract under which the school-house was built is assigned as error. The objection to its admission is predicated of the fact that the instrument in its commencement purports to be an agreement between “ The Controllers of the Public Schools of the First District of Pennsylvania,” of the first part. It is, however, signed and attested on the part of the first party, by the mayor of the city, and duly sealed with its corporate seal. A short time after its execution the contract was…
2Cases cited3 opinions
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- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
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- Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
- Sitler v. Spring Garden Mutual Fire InsuranceSuperior Court of Pennsylvania · 1901
- Adelman v. Centaur Corp.Court of Appeals for the Sixth Circuit · 1944
- Vetter v. MeadvilleSupreme Court of Pennsylvania · 1912
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