Erie City v. Butler

Citations

• 120 Pa. 374
• 14 A. 153
• 1888 Pa. LEXIS 492

Syllabus

<p>1. When, under the laws and its ordinances, a city enters into a contract for the paving of a street, the contractor to receive in payment an assignment of the assessment bills with the right to use the city’s name in filing liens against abutting owners, the latter are not precluded from making defence upon the character of the work done because they are not nominal parties to the contract.</p> <p>2. It is a fatal defect in an affidavit of defence, to refer therein to a material paper, which is accessible, without annexing a copy thereof, that the court may judge of the legal import of its terms.</p> <p>3. An affidavit of defence which is evasive in its averments, expressing opinions and conclusions unsupported by specific statements of facts, is insufficient to prevent judgment for the plaintiff.</p>