Dale v. City of Scranton

Citations

• 231 Pa. 604
• 80 A. 1110
• 1911 Pa. LEXIS 893

Syllabus

<p>Municipal contracts — Payment by assessments — Laches in collection— Interest.</p> <p>1. Where a city enters into a contract with a contractor for the paving and grading of streets, and it is provided in the contract that the fund for the payment at the contract price is to be derived from assessments on property benefited “and that the city is to be liable to the contractor only for the amounts actually collected from said assessments as the same are collected,” and the city delays for four years and more after the work is completed in making the collections, it will be liable to pay the contract price out of its general funds although it may have filed liens and issued writs of scire facias within the time prescribed by law.</p> <p>2. In such a case the contractor is entitled to interest from the date of the completion of the work.</p>