McHugh v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 20, Oct. T., 1915, by plaintiff, from judgment of Municipal Court, April T., 1914, No. 133, for defendant, on case tried by tbe court ■without a jury in suit of J. Joseph McHugh v. City of Philadelphia. Assumpsit to recover balance alleged to be due on a municipal contract for grading. The case was tried by Crane, J., without a jury.
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Appeal, No. 20, Oct. T., 1915, by plaintiff, from judgment of Municipal Court, April T., 1914, No. 133, for defendant, on case tried by tbe court ■without a jury in suit of J. Joseph McHugh v. City of Philadelphia. Assumpsit to recover balance alleged to be due on a municipal contract for grading. The case was tried by Crane, J., without a jury. At the trial plaintiff claimed to recover the cost of filling 3,117 cubic yards in the work of grading Gross street in accordance with certain plans and specifications attached to a municipal contract. The plaintiff claimed that the surveyor of the…
1Opinion of the Court
Opinion by
Eice, P. J.,
This action of assumpsit was founded on a written contract between the plaintiff and the defendant for grading Gross street from Media street to Lansdowne avenue in accordance with certain plans and specifications. After the work was completed the city paid the amount appearing to be due the plaintiff by the measurements (2213 cubic yards) certified in writing by the district survey- or. The plaintiff claiming that the filling done by him amounted to 3,117 cubic yards, brought this suit to recover the difference. The dispute as to the quantity of filling was carried into…
2Cases cited6 opinions
- Ruch v. YorkSupreme Court of Pennsylvania · 1911
- Lauman v. YoungSupreme Court of Pennsylvania · 1858
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1881
- Peoples v. PhiladelphiaSuperior Court of Pennsylvania · 1916
- Citizens' Trust & Surety Co. v. HowellSuperior Court of Pennsylvania · 1902
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