Commonwealth v. Pittsburg

Citations

• 206 Pa. 379

Syllabus

<p>Municipalities — Municipal contracts Decision of director of department of public loorks.</p> <p>Where a municipal contract provides that the decision of the director of the department of public works shall be final, conclusive and binding upon all parties, and the director signs and approves an estimate for the work done and materials furnished by the contractor, the estimate is conclusive upon the controller of the city, and he lias no discretion to refuse to pay it. In mandamus proceedings against the controller to compel payment, he cannot successfully allege as a ground for refusal that the work was not done according to the contract; that it was improperly done in certain respects ; that the doing of the work in the improper manner by the contractor was intentional, and that the director had notice of this before he approved of the work, but approved it notwithstanding.</p> <p>Mestrezat, J., dissents.</p>