McHugh v. Philadelphia

Citations

• 62 Pa. Super. 550
• 1916 Pa. Super. LEXIS 471

Syllabus

<p>Municipalities — Municipal contract — Grading—Arbitration.</p> <p>Where a municipal contract for grading provides that tbe “chief of tbe Bureau of Highways shall in all eases decide every question which may arise relative to tbe performance of this contract, and such estimate and decision shall be final and conclusive......and shall be a condition precedent to tbe right of the contractor to receive any money under this contract,” tbe contractor cannot maintain a suit in assumpsit against tbe city to recover a certain number of - cubic yards of filling as for which be claimed be was not paid because of an erroneous estimate of tbe district surveyor; and this is tbe case although tbe chief of tbe Bureau of Highways may have made no decision on tbe subject. In such a case it is tbe duty of tbe contractor to attempt to comply with tbe cqndition precedent before be can maintain a suit.</p> <p>Practice, O. P. — Municipal Court of Philadelphia County — Trial without jury.</p> <p>Where a case is tried in tbe Municipal Court of Philadelphia County without a jury, and tbe conflicting evidence is oral tbe court’s general finding in favor of tbe defendant will ordinarily be as conclusive as a verdict would have been if there bad been a jury trial.</p>