Sicilian Asphalt Paving Co. v. City of Williamsport
Supreme Court of Pennsylvania
Appeal, No. 79, Jan. T., 1898, by defendant, from judgment of C. P. Lycoming Co., June T., 1897, No. 151, on verdict for plaintiff. Assumpsit on a municipal contract. Before Metzger, P. J. Tliis action, was brought on a written contract for laying an asphalt pavement on West Fourth street in defendant city.
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Appeal, No. 79, Jan. T., 1898, by defendant, from judgment of C. P. Lycoming Co., June T., 1897, No. 151, on verdict for plaintiff. Assumpsit on a municipal contract. Before Metzger, P. J. Tliis action, was brought on a written contract for laying an asphalt pavement on West Fourth street in defendant city. The defendant contends that the plaintiff in constructing the concrete foundation of the pavement wilfully departed from all of the essential requirements of the contract, so that as a consequence the foundation is useless for the purpose for which by the contract it was intended. At the…
1Opinion of the Court
Opinion bv
Mr. Justice Fell,
The principal question raised by the assignments of error is whether the city engineer and the members of the highway committee were agents of the city merely to inspect the work as • it progressed, or were arbiters finally to determine whether the contract had been complied with. The agreement is obscurely worded, and contains no clear expression of the intention of the parties on the subject. The ordinance, advertisement, proposal and specifications are all made parts of the contract, and an intention which might have been expressed in a few words must be…
2Cases cited3 opinions
- City of Erie ex rel. Erie Paving Co. v. A Piece of Land Fronting on Eighteenth StreetSupreme Court of Pennsylvania · 1896
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1890
- Bowman Bros. v. StewartSupreme Court of Pennsylvania · 1895
3Cited by2 opinions
- Wiggins v. Columbian Fireproofing Co.Supreme Court of Pennsylvania · 1910
- Enterprise Contracting Co. v. Ontario Coal & Supply Co.Superior Court of Pennsylvania · 1912