Barber Asphalt Paving Co. v. Philadelphia

Citations

• 55 Pa. Super. 365
• 1913 Pa. Super. LEXIS 369

Syllabus

<p>Contracts — Construction of the whole instrument — Municipal contract— Paving — Assessment bills.</p> <p>' Where a municipal contract for paving provides in express terms that the city “shall pay for paving the intersection of cross streets and in front of unassessable property in warrants,” and that for all other work the contractor should receive assessment bills on abutting property, which bills should be accepted as cash without recourse to the city if the bills should prove to be invalid, the acceptance by the contractor, under a misapprehension both by himself and the city, of as-, sessment bills against nonassessable railroad property, will not preclude the contractor from collecting from the city in cash the amount represented by such assessment bills.</p>