Austin Manufacturing Co. v. Ayr Township
Superior Court of Pennsylvania
Appeal, No. 3, March T., 1901, by plaintiff;, from order of C. P. Fulton Co., Jan. T., 1899, No. 52, refusing to take off nonsuit in case of F. C. Austin Manufacturing Company, now to use of Florence Hanks v. The Township of Ayr. Assumpsit on township orders. Before Swope, P. J. From the record it appeared that the action was brought upon two township orders each for $125, and both signed by George W. Glenn and David Rhinelander, the two supervisors of the township of Ayr.
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Appeal, No. 3, March T., 1901, by plaintiff;, from order of C. P. Fulton Co., Jan. T., 1899, No. 52, refusing to take off nonsuit in case of F. C. Austin Manufacturing Company, now to use of Florence Hanks v. The Township of Ayr. Assumpsit on township orders. Before Swope, P. J. From the record it appeared that the action was brought upon two township orders each for $125, and both signed by George W. Glenn and David Rhinelander, the two supervisors of the township of Ayr. The orders were given for a road machine purchased by the supervisors. The circumstances connected with the purchase of…
1Opinion of the Court
Opinion by
Orlady, J.,
The duties imposed by law on supervisors of public roads and highways in the township of Ayr in Fulton county are to be performed by two persons elected or appointed for that purpose. For the year 1892 George W. Glenn and David Rhine-lander were the duly elected and acting supervisors, and this action of assumpsit is brought to recover on a contract made by them with the plaintiff for the purchase of a road machine. By Act of May 24,1887, P. L. 202, the supervisors were authorized “ at their option, to purchase for the use of their district plows, scrapers, road machines,…
2Cases cited3 opinions
- Union Township v. Gibboney & NelsonSupreme Court of Pennsylvania · 1880
- American Road Machine Co. v. Township of WashingtonSuperior Court of Pennsylvania · 1898
- Lerch v. BardSupreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Western Wheeled Scraper Co. v. Butler TownshipSuperior Court of Pennsylvania · 1904
- F. C. Austin Manufacturing Co. v. AyrSuperior Court of Pennsylvania · 1906
- F. C. Austin Manufacturing Co. v. Ayr TownshipSuperior Court of Pennsylvania · 1903