Dunbar v. Fleisher
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF PERRY COUNTY. No. 84 July Term 1886, Sup. Ct.; court below, No. 25 November Term 1883, C. P. On September 11,1883, Josiab R. Dunbar brought assumpsit against John Pleisher, upon a written engagement of the defendant a copy of which is given below. The defendant pleaded non-assumpsit.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF PERRY COUNTY. No. 84 July Term 1886, Sup. Ct.; court below, No. 25 November Term 1883, C. P. On September 11,1883, Josiab R. Dunbar brought assumpsit against John Pleisher, upon a written engagement of the defendant a copy of which is given below. The defendant pleaded non-assumpsit. At the trial on April 19,1884, the following facts were shown: In the year 1883, the plaintiff took a contract from the commissioners of Perry county for the erection of a county bridge across Sherman’s creek. On June 23,1883, he sub-let the stone work to…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
This case depends on the construction of the undertaking of Fleisher to become security for Jesse Harper and John Famous. Dunbar had contracted with the commissioners of Perry county to build a bridge across Sherman’s creek, and had sub-let the stone work to Harper and Famous. Their contract was in writing, and provided for payment to the contractors in advance of their work. Fifty dollars was to be paid at the date of the contract, and, on the completion of one third of the stone work, any balance due was to be paid in full. Fifty dollars was likewise to be paid…
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