Drhew v. Altoona City
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BLAIR COUNTY. No. 59 July Term 1887, Sup. Ct.; court below, No. 48 January Term 1883, C. P. On November 23, 1882, P. F. Drhew and G. T. Bell, trading as Drhew & Bell, brought an action of covenant against the city of Altoona. The plea was, covenants performed absque hoc, and payment.
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ERROR TO THE COURT OE COMMON PLEAS OE BLAIR COUNTY. No. 59 July Term 1887, Sup. Ct.; court below, No. 48 January Term 1883, C. P. On November 23, 1882, P. F. Drhew and G. T. Bell, trading as Drhew & Bell, brought an action of covenant against the city of Altoona. The plea was, covenants performed absque hoc, and payment. At the trial on January 28, 1884, one of the plaintiff firm having died since the suit was brought, the material facts appearing were as follows: On August 11, 1880, at a special meeting of city .council, a resolution was passed that the committee on water pipe be and they…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
This action of covenant is brought to recover the amount claimed to be due to Drhew & Bell, from the city of Altoona, upon a contract for the construction of a reservoir at Kittanning Point, for the supply of the city with water; and also for damages upon an alleged bread) of the contract on the part of the city. The work was done under the terms of an agreement under seal, dated August 3,1881; it was to be performed according to certain specifications set forth in the contract agreeably and subject to the directions of the city engineer, and be completed by the…
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