Jacoby v. Lehigh County

Citations

• 36 Pa. Super. 194
• 1908 Pa. Super. LEXIS 134

Syllabus

<p>Municipal contract — Contract—County commissioners — Plans and specifications for a building.</p> <p>In an action against a county to recover under an alleged contract of employment to prepare plans and specifications for a heat and power plant, it appeared that the plaintiffs, who were architects, were summoned in some way to the county commissioner’s office when the commissioners were all present at their regular meeting. The plaintiffs testified that at this meeting they suggested a preliminary plan, and that two of the commissioners gave specific directions for them to proceed with its preparation. The other commissioner although present said nothing. At a second regular meeting a week afterwards the same two commissioners who had previously acted passed upon a preliminary plan which was submitted, and authorized the preparation of a detailed plan and specifications which could be submitted to bidders, and such plan and specifications were prepared. This testimony was denied in some essential particulars by the commissioners, although even from the testimony of the commissioners it could be deduced that a plan and estimate were ordered by them from the plaintiffs. No entry of the transaction was made in the minutes kept by the clerk of the commissioners. Held, (1) that the case was for the jury, and that a judgment and verdict for the plaintiffs should be sustained; and (2) that the fact that no record of the transaction appeared in the books of the commissioners did not preclude the plaintiffs from establishing the contract by other proof.</p>