Philadelphia v. Jewell
Supreme Court of Pennsylvania
APPEAR BY USE PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 219 January Term 1890, Sup. Ct.; court below, No. 18 March Term 1880, M. L. D., C. P. No. 2. To the number and term in the court below, the city of Philadelphia, to the use of Jacob M. Peters, brought scire facias against the “estate of Wilson Jewell, deceased,” and others, upon a municipal claim for paving a part of Penn street.
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APPEAR BY USE PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 219 January Term 1890, Sup. Ct.; court below, No. 18 March Term 1880, M. L. D., C. P. No. 2. To the number and term in the court below, the city of Philadelphia, to the use of Jacob M. Peters, brought scire facias against the “estate of Wilson Jewell, deceased,” and others, upon a municipal claim for paving a part of Penn street. On May 23,1889, the plaintiff and defendants agreed upon the following facts as a case stated: By an ordinance of the city of Philadelphia, duly approved on June 12, 1868, the…
1Opinion of the Court
*337Opinion,*
Mr. Justice Mitchell:
The contract between Peters and the city of Philadelphia contained no stipulation as to the time within which the paving was to be completed, the space left for that purpose in the printed form of the contract not having been filled in. But when the contract was made the ordinance of May 11, 1872, was in force, which provided that all contracts for paving should contain a condition that the work should be completed in two years from their date, and in default thereof the contract should be void: Ord. 1872, p. 199. This ordinance was part of the city law, and in…
2Cases cited7 opinions
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880
- Reilly v. City of PhiladelphiaSupreme Court of Pennsylvania · 1869
- City of Philadelphia v. BurginSupreme Court of Pennsylvania · 1865
- Hutchinson v. PittsburgSupreme Court of Pennsylvania · 1873
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- Philadelphia v. TownsendSupreme Court of Pennsylvania · 1911
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