Dale v. City of Scranton
Supreme Court of Pennsylvania
Appeal, No. 341, Jan. T., 1910, by plaintiffs, from order of C. P. Lackawanna Co., Jan. T., 1908, No. 983, in sustaimng exceptions to report of referee in case of H. G. Dale and Sarah Allis Grant, Admimstrators of M. H. Dale Estate, v. City of Scranton. Exceptions to report of H. R. Yandeusen, Esq., referee.
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Appeal, No. 341, Jan. T., 1910, by plaintiffs, from order of C. P. Lackawanna Co., Jan. T., 1908, No. 983, in sustaimng exceptions to report of referee in case of H. G. Dale and Sarah Allis Grant, Admimstrators of M. H. Dale Estate, v. City of Scranton. Exceptions to report of H. R. Yandeusen, Esq., referee. The referee found the facts, inter alia, as follows: A contract was entered into by the city of Scranton with M. H. Dale on July 30, 1902, for the paving and curbing, including other work incidental thereto, of the portions of certain streets under the provisions of an ordinance. The…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This suit ivas brought to recover the balance due upon a municipal contract for the paving and grading of certain city streets. An ordinance, duly passed and approved, provided for the street improvement. A contract was entered into between the contractor and the city specifying the terms and conditions upon which the work was to be done and how payment should be made. It was expressly provided in the contract that the city should only be liable to the contractor for the amounts actually collected from assessments upon property benefited by the improvement. The…
2Cases cited3 opinions
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