Bigham v. Wabash-Pittsburg Terminal Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 96, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 174, in case of Kirk Q. Bigham and Thomas B. Hutchinson v. Wabash-Pittsburg Terminal Railway Company. Assumpsit for breach of contract.
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Appeal, No. 96, Oct. T., 1908, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 174, in case of Kirk Q. Bigham and Thomas B. Hutchinson v. Wabash-Pittsburg Terminal Railway Company. Assumpsit for breach of contract. Before Kennedy, P. J. At the trial it appeared that the agreement, for the breach of which the suit was brought, was as follows: “Made November —, 1901, between Kirk Q. Bigham and the Pittsburg, Carnegie & Western Railroad Company, Witnesseth: “That said Bigham doth hereby consent and agree that said. company shall build a tramway along the easterly…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action of assumpsit to recover damages for the breach of a contract. A number of the assignments of error relate to the legality of the contract and are predicated upon the theory that appellant company undertook to do what it could not do without the consent of the municipality and adjoining property owner, and if such consent could not be obtained, the undertaking was illegal and the contract void. On this question we agree with the conclusion reached by the learned trial judge and with the views expressed by counsel for appellees. There is nothing on…
2Cases cited3 opinions
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906
- Lucot v. RodgersSupreme Court of Pennsylvania · 1893
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