Sicilian Asphalt Paving Co. v. City of Williamsport

Citations

• 186 Pa. 256
• 40 A. 471
• 1898 Pa. LEXIS 993

Syllabus

<p>Municipalities — Contracts—Acceptance of work.</p> <p>In an action against a city to recover a balance alleged to be due on a paving contract, it appeared that an ordinance authorized the highway committee of the city councils to appoint inspectors of the work, and directed the city engineer personally to supervise the work, but it expressly provided that no waiver of performance or acceptance of any part of the work by the inspectors or engineers “ shall bind the city, unless the same be ratified and accepted by the highway committee.” Payment was to be made on acceptance by the committee, and a guarantee for ten years began with the date of acceptance by the committee. By the specifications the committee and engineer were empowered to direct the work, to discharge incompetent workmen employed by the contractor, to reject materials, to determine the amount due, and to settle all disputes which might arise as to the meaning of the specifications, and upon these subjects their decision was to be final and conclusive. The evidence showed that the highway committee had accepted the work, and that the city had paid a portion of the claim. There was no evidence of fraud or collusion. Held, that the city was bound by the action of the committee, and could not introduce evidence that the work was improperly done.</p> <p>Evidence — Municipal contract — Ratification—Practice, C. P.</p> <p>In an action upon a municipal contract, where the contract has been offered in evidence and admitted without objection, the defendant cannot subsequently object to the validity of the execution of the contract, when it is-too late for the plaintiff to introduce evidence to meet the objection.</p>