Philadelphia v. Neill

Citations

• 206 Pa. 333
• 55 A. 1032
• 1903 Pa. LEXIS 712

Syllabus

<p>Municipalities — Subcontractors' bonds — Waiver—Evidence.</p> <p>A corporation plaintiff will not be deemed to have waived the benefit of ordinance of the city of Philadelphia of March 30, 1896, providing for bonds by contractors for the protection of subcontractors, by evidence which at the most amounts only to the expression of an opinion by an officer of the company that they did not think themselves within the bond as they had sold the material on the credit of the contractor.</p> <p>Not decided whether the protection of the bond may be waived without the city’s consent.</p> <p>In an action by a material man on a bond given under the ordinance of March 30, 1896, the claim of the plaintiff is brought within the terms of the bond by proof of the sale and delivery of bricks to the contractor, and the latter’s use of them in paving under his contract with the city. The fact that the contractor, desiring to make his bid to the city for the work intelligently, agreed with the plaintiff on the price of the bricks some time before his contract with the city was actually made, does not vary the case, if the sale itself is not made until after the contract.</p>