Legal Opinion

Watson v. City of Philadelphia

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 4, 1891No. 214PublishedCited by 5 opinions

No. 214 January Term 1891, Sup. Ct.; court below, No. 642 December Term 1888, C. P. No. 2. On January 5, 1889, William C. Watson brought assumpsit against the city of Philadelphia.

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No. 214 January Term 1891, Sup. Ct.; court below, No. 642 December Term 1888, C. P. No. 2. On January 5, 1889, William C. Watson brought assumpsit against the city of Philadelphia. Subsequently, the record was amended by adding the name of Peter Elder as use-plaintiff, and on December 10, 1890, an agreement was filed, submitting the following case stated: “1. In April, 1888, after due advertisement, the city of Philadelphia accepted the bid of, and awarded the contract to William C. Watson, to furnish and deliver to tbe bureau of water, of tbe department of public works, all clay required to…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

This case is free from difficulty. The plaintiff, William C. *185Watson, entered into a contract with the city of Philadelphia to supply clay for the East Park reservoir at a price agreed upon. At the same time he entered upon another contract with the city to grade Montgomery Avenue. He defaulted upon the latter contract, and the city seeks to set off, against his claim under the East Park reservoir contract, the damages sustained by reason of his default' on the Montgomery Avenue contract.

The right to such set-off would seem to be clear, under the authorities.…

2Cases cited2 opinions

  1. Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
  2. Clement v. City of PhiladelphiaSupreme Court of Pennsylvania · 1891

3Cited by5 opinions

  1. Blondel v. OhlmanSupreme Court of Iowa · 1906
  2. Cornelius v. The BankSuperior Court of Pennsylvania · 1900
  3. Clark v. CookSuperior Court of Pennsylvania · 1900
  4. Feurer v. StewartU.S. Circuit Court for the District of Washington · 1897
  5. Kensington Electric Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1898

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