Danville Bridge Co. v. Pomroy & Colony
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Columbia county. This was an action of assumpsit, brought by Pomroy & Colony, against the President, Managers, and Company of Danville Bridge.
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Error to tbe Common Pleas of Columbia county. This was an action of assumpsit, brought by Pomroy & Colony, against the President, Managers, and Company of Danville Bridge. Plaintiffs elaimed about $1650—suit brought 10th August, 1848. Eept. 1, 1849, verdict for plaintiffs, for $1606.24. ' Statement on part of plaintiffs in error.—On the llth May, 1846, plaintiffs in error entered into an article of agreement with David N. Kownover and Chester B. Evans, for the latter to build them a bridge across the river at Danville, where one had stood, which was destroyed by a freshet in the spring of…
1Opinion of the Court
The opinion of the court was delivered by
Bill, J.
By their agreement of the 26th of June, 1846, the plaintiffs below assumed the liability and undertook the engagements of Kownover and Evans, in respect of the superstructure of the bridge to be rebuilt. The order drawn by the latter in favor of the former, and the acceptance by the company, so refers to the original contract as to show the parties contemplated it as the basis of the transaction, and as the standard by which the relative rights and remedies of the now plaintiffs and defendants were to be measured and determined. It is true, the…
2Cases cited1 opinion
- Ligget v. SmithSupreme Court of Pennsylvania · 1834
3Cited by14 opinions
- Formigli Corporation v. FoxDistrict Court, E.D. Pennsylvania · 1972
- Pressy v. McCornackSupreme Court of Pennsylvania · 1912
- Louthan v. CarsonSupreme Court of Colorado · 1917
- Holmes v. Chartiers Oil Co.Supreme Court of Pennsylvania · 1891
- Otis Elevator Co. v. Flanders Realty Co.Supreme Court of Pennsylvania · 1914
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