Philadelphia v. Neill & Lincoln Savings & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 142, Jan.T., 1904, by defendant, from judgment of C. P., No. 3, Phila. Co., June T., 1903, No. 294, on verdict for plaintiff in case of Philadelphia to use of McAvoy Vitrified Brick Company v. Aaron M. Neill and the Lincoln Savings & Trust Company. Assumpsit on the bond of a municipal contractor. Before McMichael, J. At the trial counsel for plaintiff offered in evidence the bond.
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Appeal, No. 142, Jan.T., 1904, by defendant, from judgment of C. P., No. 3, Phila. Co., June T., 1903, No. 294, on verdict for plaintiff in case of Philadelphia to use of McAvoy Vitrified Brick Company v. Aaron M. Neill and the Lincoln Savings & Trust Company. Assumpsit on the bond of a municipal contractor. Before McMichael, J. At the trial counsel for plaintiff offered in evidence the bond. Mr. Porter: I object to the admission in evidence of this paper because it has been stated by counsel that it is the foundation of his action and he has not pleaded the bond as the basis of his action.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The first of the seven reasons given by counsel for appellant why this judgment should be reversed is that the bricks were sold to the contractor on his personal responsibility, and not on reliance upon his contract with the city and the bond given by him in pursuance of it. This assumes a fact not found by tbe jury, and which, under the evidence, they were justified in not finding. There was testimony that Neill, the contractor, called at the office of the appellees and asked for a price on vitrified paving brick, which he wished to use at a *362later date in the…
2Cases cited3 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Reese v. HersheySupreme Court of Pennsylvania · 1894
- Ryder v. JacobsSupreme Court of Pennsylvania · 1897
3Cited by19 opinions
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Erie v. DiefendorfSupreme Court of Pennsylvania · 1923
- H. H. Robertson Co. v. Globe Indemnity Co.Superior Court of Pennsylvania · 1921
- Easton School District v. Continental Casualty Co.Supreme Court of Pennsylvania · 1931
- Union Electric Steel Co. v. Imperial BankCourt of Appeals for the Third Circuit · 1923
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