Historical Pageant Ass'n v. Philadelphia

Citations

• 260 Pa. 447
• 103 A. 824
• 1918 Pa. LEXIS 545

Syllabus

<p>Contracts — Municipalities—Cities of the first class — Historical pageant — Appropriations of money to private organizations — Consideration — Moral obligation — Insufficiency—Judgment for defendant n. o. v.</p> <p>In an action against a city of the first class to recover a sum of money which had been appropriated by ordinance to pay a deficit incurred by a corporation which had produced a historical pageant, it appeared that the corporation had been organized to give a series of pageants illustrating the history of the city; that seats were sold and contributions made by private citizens; that the public was admitted free to a portion of the audience space and the privilege for occupying the balance was paid for; there was no element of gain in the enterprise; it further appeared that the corporation was formed and the enterprise conducted without official sanction of the city councils. Held, the project was not municipal in character and the appropriation cannot be sustained on the ground of moral obligation, the entertainment not having been authorized in advance by councils, and judgment was properly entered for the defendant non obstante veredicto.</p>