O'Hara v. Scranton City

Citations

• 205 Pa. 142
• 54 A. 713
• 1903 Pa. LEXIS 532

Syllabus

<p>Municipalities — Municipal contract — Negligence—Failure to file liens for assessments.</p> <p>A municipal contract provided as follows : “It is expressly understood that the fund for the payment of the above contract price is to be derived from assessments upon the city and abutting property owners according to benefits, and as to assessments upon abutting properties the city is liable to the contractor only for amounts actually collected. . . . The city solicitor shall, within six months from date of confirmation of the final assessment by the court, file liens for all said assesments which are not paid.” The city solicitor failed to file liens within six months, and many assessments were lost to the contractor. Held, that the city was liable to the contractor for the loss.</p>