Legal Opinion

Brobst v. City of Reading

Supreme Court of Pennsylvania

Decided July 2, 1912No. Appeal, No. 281PublishedCited by 7 opinions

Appeal, No. 281, Jan. T., 1910, by defendant, from decree of C. P. Berks Co., No. 961, Equity Docket, 1908, granting a perpetual injunction in case of Francis H. Brobst v. Caleb Weidner, clerk, Obadiah Doward, controller, and Edward H. Filbert, treasurer of the City of Beading, the City of Reading and John F. Albrecht. Bill in equity by taxpayer to enjoin payment by city to contractor. The facts appear in the opinion of the Supreme Court. Error assigned was decree of court.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

No one of the seventeen facts found by the learned court below has been assigned as error, and the case, as presented by them, is a very simple one, involving the single question to which there can be but one answer. In entering into the contract with the city of Reading for the construction of the sewer pressure pipe, the covenant of the appellant was that he would perform it “in strict and exact accordance with the terms, conditions and specifications” attached to it. The specifications called for a re-enforced concrete pipe, built monolithic, and the express…

2Cases cited3 opinions

  1. Roland v. Reading School DistrictSupreme Court of Pennsylvania · 1894
  2. Hague v. City of PhiladelphiaSupreme Court of Pennsylvania · 1865
  3. O'Malley v. Olyphant BoroughSupreme Court of Pennsylvania · 1901

3Cited by7 opinions

  1. Wright v. BarberSupreme Court of Pennsylvania · 1921
  2. Morgan v. JohnstownSupreme Court of Pennsylvania · 1931
  3. Scott Township School District Authority v. Branna Construction Corp.Supreme Court of Pennsylvania · 1962
  4. Cunningham v. DunlapSupreme Court of Pennsylvania · 1913
  5. Nether Providence Township School Authority v. Thomas M. Durkin & Sons, Inc.Supreme Court of Pennsylvania · 1984

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