Maguire v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 347, Oct. T., 1916, by defendant, from judgment of O. P. No. 4, Philadelphia Co., March T., 1915, No. 212, on verdict for plaintiff in case of Frank Maguire and Harry V. Warren, trading as Maguire & Warren to the use of Matthew A. Ferris, v. City of Philadelphia. Assumpsit to recover work done in removal of garbage. Before Finletter, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $550.62. Defendant appealed.
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Appeal, No. 347, Oct. T., 1916, by defendant, from judgment of O. P. No. 4, Philadelphia Co., March T., 1915, No. 212, on verdict for plaintiff in case of Frank Maguire and Harry V. Warren, trading as Maguire & Warren to the use of Matthew A. Ferris, v. City of Philadelphia. Assumpsit to recover work done in removal of garbage. Before Finletter, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $550.62. Defendant appealed. Error assigned was in refusing judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The City of Philadelphia entered into a contract in writing, with the American Product Company, for the removal of garbage in certain districts. On October 1, 1913, the city, through Morris L. Cook, director of the Department of Public Works, for reasons, which are conceded to have been sufficient, cancelled the contract with the American Product Company, and it is agreed by counsel that the only part of that contract material to the present issue, is in the following clause: “and upon the failure of the said party of the second part to comply with any of the terms of…
2Cases cited4 opinions
- Malone v. PhiladelphiaSupreme Court of Pennsylvania · 1892
- Smith v. City of PhiladelphiaSupreme Court of Pennsylvania · 1910
- Hepburn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1892
- Koch v. Oil CitySuperior Court of Pennsylvania · 1911