James H. Harlow & Co. v. Borough of Homestead

Citations

• 194 Pa. 57
• 45 A. 87
• 1899 Pa. LEXIS 728

Syllabus

<p>Contract — Municipal contract — Co nut,ruction of reservoir.</p> <p>Where a contract with a borough for the construction of a reservoir provides that the reservoir should be built according to definite plans and specifications stated in the contract, but contains no covenant as to results, the contractors are entitled to recover their retained percentages, if they have complied with the terms of the contract, although the reservoir itself may not be water tight. The fact that the contract provided that “the work contemplated .... is the construction of a water tight reservoir,” does not impose upon the contractors the responsibility of making it water tight, because they had no discretion.</p> <p>Where a contract with a borough for the construction of a reservoir provides that the contractor shall be paid upon estimates made by the borough engineer, and the last estimate made by the engineer showed a certain amount due, less the percentage retained until the completion of the reservoir, the contractors are entitled to recover their retained percentage without any further estimate, if the jury find, as the contractors contend, that the contract was in fact, complete at the time the last estimate was made.</p> <p>Where an arbitration clause in a municipal contract made the decision of the engineer final and conclusive, and it appears that the contractors had fully performed their contract according to its terms, and that a defect in the completed structure was not due to any fault of the contractors, the municipality has no right to invoke the arbitration clause.</p> <p>Contract — Evidence—Question for jury — Credibility of witness.</p> <p>Where a ease depends upon oral testimony, such testimony must bo submitted to the jury, as the question of credibility of witnesses is solely for them.</p> <p>In an action against a borough to recover a balance alleged to be due upon a municipal contract, where plaintiffs and their witnesses testily that the contract in every par