Kreusler v. McKees Rocks School District
Supreme Court of Pennsylvania
Appeals, Nos. 173 and 180, Oct. T., 1916, by plaintiff and defendant, from judgments of O. P. Allegheny Co., April T., 1914, No. 734, on judgment entered for defendant non obstante veredicto, and on judgment on verdict for plaintiff, respectively, in case of H. L. Kreusler v. The School District of the Borough of McKees Rocks. Assumpsit on alleged implied contract for construction of school building.
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Appeals, Nos. 173 and 180, Oct. T., 1916, by plaintiff and defendant, from judgments of O. P. Allegheny Co., April T., 1914, No. 734, on judgment entered for defendant non obstante veredicto, and on judgment on verdict for plaintiff, respectively, in case of H. L. Kreusler v. The School District of the Borough of McKees Rocks. Assumpsit on alleged implied contract for construction of school building. The court entered judgment for defendant n. o. v. as to the first item of the verdict and sustained the entry of judgment on the second item of the verdict. Plaintiff and defendant both appealed.…
1Opinion of the Court
Opinion by
Me. Justice Mestrezat,
These are cross appeals from the same judgment, and will be considered together. We have examined the numerous authorities cited by counsel in both appeals and are not convinced that the conclusion of the learned judge of the court below is not correct. His opinion so clearly vindicates the judgment he entered that the discussion here will be only an amplification of the reasons he has so well stated. We are aware of the conflict of authority in the different jurisdictions on the right of a contractor to recover money expended or property delivered under a void…
2Cases cited2 opinions
- O'Malley v. Olyphant BoroughSupreme Court of Pennsylvania · 1901
- Everson v. FrySupreme Court of Pennsylvania · 1872
3Cited by21 opinions
- Luzerne Township v. Fayette CountySupreme Court of Pennsylvania · 1938
- Chester School District's AuditSupreme Court of Pennsylvania · 1930
- Lower Nazareth Township Supervisors' AppealSupreme Court of Pennsylvania · 1941
- Jackson v. Conneautville Borough School DistrictSupreme Court of Pennsylvania · 1924
- Charleroi Lumber Co. v. Bentleyville Borough School DistrictSupreme Court of Pennsylvania · 1939
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