Jeffreys v. Versailles Borough

Citations

• 55 Pa. Super. 85
• 1913 Pa. Super. LEXIS 322

Syllabus

<p>Boroughs — Awarding contract — Street improvement.</p> <p>1. Where a borough council has in due form authorized the improvement of a street, and it appears in the course of the improvement that the construction of a small wall is necessary to prevent the flooding of neighboring property, a contractor who has built such wall may recover the cost of it from the borough although his contract was not awarded under an ordinance, if it appears that the work which he did was merely incidental to the improvement authorized, that his contract was approved by the street committee of councils, that the work was properly done, and that the amount involved was small.</p> <p>2. The Act of May 23,1893, P. L. 113, applies to all acts of a borough council by ordinance or resolution which are of a legislative character, but not to those which are merely ministerial or executive. The ordinary administration of the municipal affairs, the awarding of contracts which had been previously authorized, and the transaction of routine business are ministerial or executive rather than legislative.</p>