Jaxtheimer v. Sharpsville Borough
Supreme Court of Pennsylvania
Appeal, No. 211, Oct. T., 1912, by plaintiff, from decree of C. P. Mercer Co., Oct. T., 1911, No. 3, dismissing bill in equity in case of L. M. Jaxtheimer v. Sharpsville Borough, Karl Smith, Burgess, F. W. King, et ah, Councilmen, and William McIntyre & Sons. Bill in equity for an injunction.
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Appeal, No. 211, Oct. T., 1912, by plaintiff, from decree of C. P. Mercer Co., Oct. T., 1911, No. 3, dismissing bill in equity in case of L. M. Jaxtheimer v. Sharpsville Borough, Karl Smith, Burgess, F. W. King, et ah, Councilmen, and William McIntyre & Sons. Bill in equity for an injunction. Before Williams, P. J. The court below, after stating the facts as summarized in the opinion of the Supreme Court, discussed the questions involved as follows: The learned counsel contends that the contract between said borough and William McIntyre & Sons is illegal for the reasons set forth in the…
1Opinion of the Court
Opinion by
Mr. Justice Potteb,
This was a bill in equity filed by L. M. Jaxtheimer, a citizen and taxpayer of the Borough of Sharpsville, *56Mercer County, Pa., in which, he sought to restrain the borough authorities from carrying out a contract with the firm of William McIntyre & Sons, for the paving of Mercer avenue, under authority of an ordinance passed by the borough council on September 5, 1911, over the veto of the burgess, in pursuance of the Act of May 12, 1911, P. L. 288. It is conceded that the ordinance was regularly adopted, but the legality of the contract for paving, made in…
2Cases cited1 opinion
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