George C. Diehl, C. E., Inc. v. City of Lackawanna

Plaintiff, a corporation engaged in civil engineering, was employed by defendant’s mayor, on March 16, 1927, to make maps and specifications for a municipal sewer improvement. A few days thereafter the defendant’s common council ratified the employment. Plaintiff did the work in a satisfactory manner, secured the approval of its plans by the State Health Department, and in December, 1927, filed the plans with defendant’s city engineer. From the testimony of plaintiff’s president it clearly appears that he understood that these plans were preliminary to a submission of the proposed improvement…