Jafolla & Mark, Inc. v. Philadelphia

Opinion by

Mr. Justice Stern,

Legal plaintiff entered into a contract with defendant for construction work in connection with the South Broad Street Subway. It contained a provision that “the said party of the first part [the City of Philadelphia] hereby agrees to pay to the party of the second part [Jafolla & Mark, Incorporated], in warrants to be drawn on the City Treasurer, signed by the said Director of City Transit, for the said work, the sums or prices as set forth in the proposal attached hereto and made a part hereof. The party of the second part agrees to accept the said warrants in…