Morton v. Union Traction Co.
Superior Court of Pennsylvania
Appeal, No. 261, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Pbila. Co., Sept. T., 1900, No. 836, on verdict for'plaintiff in case of Morton, Reed & Co. v. Union Traction Company. Assumpsit to recover balance alleged to be due on a building contract.
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Appeal, No. 261, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Pbila. Co., Sept. T., 1900, No. 836, on verdict for'plaintiff in case of Morton, Reed & Co. v. Union Traction Company. Assumpsit to recover balance alleged to be due on a building contract. Before Beitler, J. At tbe trial defendant claimed to set off a claim of $5,500 recovered against tbe defendant in tbe United States district court for tbe eastern district of Pennsylvania for tbe negligent killing of one Fetters, an employee of tbe bricklaying contractors for the power house, for which plaintiffs contracted for the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff sued in assumpsit to recover an unpaid balance due upon a contract under which they erected a steel smokestack for the defendant. They sublet the work to one William M. Connery, but as the contract between the plaintiffs and the defendant provided that “ no subcontractor shall under any circumstances relieve the contractor” — meaning Morton Reed & Company — “of his liabilities or obligations under this contract,” the case is in the same situation, so far at least as the duty of Morton, Reed & Company to indemnify the defendant is concerned, as if they had…
2Cases cited5 opinions
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- Armstrong County v. Clarion CountySupreme Court of Pennsylvania · 1870
- Follansbee v. WalkerSupreme Court of Pennsylvania · 1873
- Horbach's Administrators v. ElderSupreme Court of Pennsylvania · 1851
- Weckerly v. Ministers of the German Lutheran CongregationSupreme Court of Pennsylvania · 1831
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- Fisher v. United StatesDistrict Court, E.D. Pennsylvania · 1969
- Quinones v. TOWNSHIP OF UPPER MORELAND, ETC., PA.District Court, E.D. Pennsylvania · 1960
- Heman Construction Co. v. City of St. LouisSupreme Court of Missouri · 1914
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