McManus v. Philadelphia

Citations

• 201 Pa. 619
• 51 A. 320
• 1902 Pa. LEXIS 899

Syllabus

<p>Municipalities—Municipal contracts—Contract in writing—Additional work—Act of June 1, 1885, P. L. 37.</p> <p>Where a contractor agrees in writing with the city of Philadelphia for a sum stated to build a police and fire patrol station, and in the progress of the work, in obedience to parol instructions from the city architect puts in heavier girders of a more expensive character than the contract called for, so as to comply with the city building regulations, and also in pursuance of parol instructions from the same official, puts in a more expensive building stone than that required by the specifications, because the latter was not obtainable, the contractor cannot recover the increased costs of these items from the city, inasmuch as the changes in the contract were not made in the manner provided by article 14 of the Act of June 1, 1885, P. L. 37, which enacts that “ all contracts relating to city affairs shall be in writing, signed and executed in the name of the city.”</p> <p>Mitchell and Fell, JJ., dissent.</p>