Philadelphia Co. v. City of Pittsburgh

Citations

• 253 Pa. 147
• 97 A. 1083
• 1916 Pa. LEXIS 802

Syllabus

<p>Contracts — Illegality—Municipalities—City of second class — Gas companies — Absence of advertisement or competitive bidding — Acts of March 7,1901, P. L. SO, and June SO, 1901, P. L. 586 — Judgment for defendant n. o. v.</p> <p>1. The provision of tbe Charter Act of March 7,1901, P. L. 20, as amended by tbe Act of June 20, 1901, P. L. 586, relating to cities of tbe second class, that “all contracts relating' to city affairs shall' be let to tbe lowest responsible bidder after reasonable notice,” is not merely directory but mandatory and unless strictly complied with no liability is imposed upon the municipality.»</p> <p>2. A contract entered into between a city of tbe second class and a gas company for tbe supply of gas for a municipal hospital is illegal and void when awarded without previous advertisement and without competitive bidding where there were other companies furnishing gas in such city.</p> <p>3. In such case the fact that the other, companies in order to have fulfilled such contract would have had to lay pipe some distance, did. not obviate the necessity of advertisement and competitive bidding, in the letting of the contract.</p>