Armstrong & Latta v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1914, by defendant from judgment of C. P. No. 5, Philadelphia Co., March T., 1906, No. 2489, on verdict for plaintiff, in case of William J. Armstrong and Thomas L. Latta, trading as Armstrong & Latta, v. City of Philadelphia. Replevin for tools and machinery. Before Martin, P. J. From the record it appeared that the provisions of the contract between McNichol and the city relating to the tools and machinery were as follows: GENERAL PROVISIONS.
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Appeal, No. 260, Jan. T., 1914, by defendant from judgment of C. P. No. 5, Philadelphia Co., March T., 1906, No. 2489, on verdict for plaintiff, in case of William J. Armstrong and Thomas L. Latta, trading as Armstrong & Latta, v. City of Philadelphia. Replevin for tools and machinery. Before Martin, P. J. From the record it appeared that the provisions of the contract between McNichol and the city relating to the tools and machinery were as follows: GENERAL PROVISIONS. “154. Prices to Include.—The prices specified in the accepted proposal shall include the furnishing and erection in a good,…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
The City of Philadelphia contracted with Daniel J. McNichol for work on a filtration plant, under which contract McNichol was to furnish materials, tools, machinery and equipment for the execution of the work at the Torresdale Intake. McNichol later entered into a contract with plaintiffs by which the latter were to furnish the labor and materials in the construction of a coffer dam required in the prosecution of the work, and to furnish all tools, implements and machinery necessary for that purpose. Plaintiffs began work in 1905 and continued until June 16th of…
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