Werneberg v. Pittsburg
Supreme Court of Pennsylvania
Appeal, No. 80, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1901, No. 300, for defendant non obstante veredicto in case of Werneberg, Sheehan & Co. to use of Peoples National Bank of Pittsburg v. City of Pittsburg. Assumpsit on a municipal contract. Before Frazier, P. J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 80, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1901, No. 300, for defendant non obstante veredicto in case of Werneberg, Sheehan & Co. to use of Peoples National Bank of Pittsburg v. City of Pittsburg. Assumpsit on a municipal contract. Before Frazier, P. J. The facts are stated in the opinion of the Supreme Court. Errors assigned were (1) in entering judgment for defendant non obstante veredicto; (2) in admitting the award of Dr. J. Guy McCandless.
1Opinion of the Court
Opinion by
Mb. Justice Mestrezat,
W. E. Howley & Company by a contract in writing dated September 16, 1896, agreed with the city of Pittsburg to construct a street in the city, known as Grant Boulevard, beginning at Seventh avenue and extending to Center avenue, a distance of about three miles. Howley & Company failed to begin the work, and on November 19, 1896, the contract, with the consent of the city and the surety of Howley & Company, was assigned to Werneberg, Sheehan & Company, the legal plaintiffs and appellants, who began the work on November 23, 1896, and completed it on March 26,…
2Cases cited3 opinions
- Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
- North Lebanon Railroad v. McGrannSupreme Court of Pennsylvania · 1859
- Paist v. CaldwellSupreme Court of Pennsylvania · 1874
3Cited by7 opinions
- Canuso v. PhiladelphiaSupreme Court of Pennsylvania · 1937
- Seaboard Surety Co. v. Commonw'lth.Supreme Court of Pennsylvania · 1942
- Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co.Supreme Court of Pennsylvania · 1932
- Commonwealth v. Eastern Paving Co.Supreme Court of Pennsylvania · 1927
- Commonwealth v. Eastern Paving Co., Pennsylvania Court of Common Pleas, Dauphin County1926
2 more not listed; retrieve them via the Exa API.