Legal Opinion
Barber Asphalt Paving Co. v. City of Harrisburg
U.S. Circuit Court for the District of Eastern Pennsylvania
Decided May 1, 1894No. 48PublishedCited by 1 opinion
This was an action by the Barber Asphalt Paving Company against the city of Harrisburg to recover money alleged to be due for street paving. Defendant demurred to plaintiff’s statement of claim.
1Opinion of the Court
DALLAS, Circuit Judge.
By a contract in writing between the plaintiff and the defendant, the former agreed to do certain paying, and, haying fully complied with and performed the contract on its part, it brings this suit to compel the defendant to pay for the work. The defendant demurs to the statement of claim, and, in support of its demurrer, relies upon the following clauses of the contract:
“And the city of Harrisburg, on its part, will pay to the said the Barber Asphalt Baying Company, in accordance with the specifications, and out of the assessments made and levied for the purpose, the…
2Cases cited4 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- In re East Grant StreetSupreme Court of Pennsylvania · 1888
- Berghaus v. HarrisburgSupreme Court of Pennsylvania · 1889
- Shoemaker v. HarrisburgSupreme Court of Pennsylvania · 1889
3Cited by1 opinion
- Barber Asphalt Paving Co. v. City of DenverU.S. Circuit Court for the District of Colorado · 1895