Erie City v. Grant
Superior Court of Pennsylvania
Appeal, No. 120, April T., 1903, by defendants, from judgment of C. P. Erie Co., Sept. T., 1901, No. 149, on verdict for plaintiff in case of Erie v. Ellen Grant et al. Scire facias for municipal claim. Before Walling, P. J. Defendant presented these points : 1. That the contract under which this work was done is absolutely null and void, and that therefore the plaintiff is not entitled to recover, and the verdict of the jury must be for the defendant.
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Appeal, No. 120, April T., 1903, by defendants, from judgment of C. P. Erie Co., Sept. T., 1901, No. 149, on verdict for plaintiff in case of Erie v. Ellen Grant et al. Scire facias for municipal claim. Before Walling, P. J. Defendant presented these points : 1. That the contract under which this work was done is absolutely null and void, and that therefore the plaintiff is not entitled to recover, and the verdict of the jury must be for the defendant. Answer : Refused. [2] 2. That the evidence showing that the property owners were not given sixty days in which to agree upon the kind of…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The question raised by the first specification of error had been considered and determined adversely to the contention of the appellant in the case of Williamsport v. Hughes, 21 Pa. Superior Ct. 443, and upon the former opinion in this case reported in 21 Pa. Superior Ct. 461. The provision requiring the contractor to keep the pavement in repair did not render the contract absolutely void.
The second specification raises two distinct questions, and might for that reason be disregarded, but neither ground of complaint is well founded. The property owners had already…
2Cases cited3 opinions
- Scranton v. JermynSupreme Court of Pennsylvania · 1893
- Williamsport v. HughesSuperior Court of Pennsylvania · 1902
- Erie v. GrantSuperior Court of Pennsylvania · 1902
3Cited by3 opinions
- Piggott v. Borough of HopewellNew Jersey Superior Court Appellate Division · 1952
- Seymour v. Security Trust Co. of AustinCourt of Appeals of Texas · 1932
- National Bank v. East Whiteland TownshipChester County Court of Quarter Sessions · 1962