Moore v. Luzerne County
Supreme Court of Pennsylvania
Appeal, No. 5, Jan. T., 1918, by defendant, from judgment of C. P. Luzerne Co., June T., 1915, No. 379, for plaintiff, for want of a sufficient affidavit of defense, in case of C. H. Moore v. County of Luzerne. Assumpsit on a contract of employment. Rule for judgment for want of a sufficient affidavit of defense. Before Carman, J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff for want of a sufficient affidavit of defense.
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Appeal, No. 5, Jan. T., 1918, by defendant, from judgment of C. P. Luzerne Co., June T., 1915, No. 379, for plaintiff, for want of a sufficient affidavit of defense, in case of C. H. Moore v. County of Luzerne. Assumpsit on a contract of employment. Rule for judgment for want of a sufficient affidavit of defense. Before Carman, J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was in entering judgment for plaintiff for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion bt
Mr. Justice Simpson,
Plaintiff sued the defendant county upon a written contract of employment dated December 23, 1911, and made between him and the county commissioners. By it he agreed to furnish the plans, designs, drawings, specifications and descriptions for, and to supervise, inspect and report upon the construction of part of a certain county road; in consideration of which he was to receive six per cent, of the entire cost of construction. Ee averred his readiness and willingness to proceed under the contract; that it was revoked on January 25, 1912, by a later board of…
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