Harrisburg Foundry & Machine Works v. Lebanon City

Citations

• 195 Pa. 331
• 45 A. 1062
• 1900 Pa. LEXIS 637

Syllabus

<p>Municipalities—Municipal contracts—Evidence— Question for jury.</p> <p>An ordinance of a city authorized the highway committee after proper investigation and a satisfactory trial of a steam road roller, to enter into a contract to purchase the same. After investigation the highway committee accepted au offer from a manufacturing company, which contained a requirement that if it was demonstrated on the trial of the roller that it was competent to do the work for which it was constructed, the city was to accept it, and pay the price thereof. The roller was taken to the city, and after the period of testing had expired and after a competent person selected by members .of the committee had carefully inspected it and declared that the best material and best workmanship were used in building it, the roller was delivered by direction of two or more members of the committee at a place designated by them for it. There was evidence that a majority of the committee subsequently disavowed the acceptance of the roller. Some of the members of the committee testified that the roller did not do its work satisfactorily. Held, in a suit to recover the contract price that the court erred in giving binding instructions for the defendant.</p>