O'Rourke v. Philadelphia

Citations

• 211 Pa. 79
• 60 A. 499
• 1905 Pa. LEXIS 411

Syllabus

<p>Municipal contracts—Contract in writing—Extra work—Act of June 1, 1885, P. L. 37.</p> <p>Where a city contractor signed a municipal contract protesting that certain of the work mentioned in the contract was not in the specifications submitted to him, and that he would claim for the extra work, and it appears that the contract on its face shows that it was executed under and subject to the Act of June 1, 1885, P. L. 37, the contractor after having done the work mentioned in the contract and received the price therein stipulated, cannot maintain a suit against the city for the work included in the contract and not mentioned in the specifications, although a city ordinance was passed by a two-thirds vote of each branch of council and signed by the mayor, appropriating money for the payment of such work.</p> <p>Mitchell, C. J., dissents.</p>