Smith v. Vernon Township

Citations

• 54 Pa. Super. 141
• 1913 Pa. Super. LEXIS 28

Syllabus

<p>Road law — Contract—Care of roads — Township—Minute of township supervisors — Evidence.</p> <p>In an action against a township to recover the cost of repairing a township road, plaintiff offered in evidence a minute of the supervisors which was in effect that at a meeting on a particular date, plaintiff was present “and was authorized to repair the macadam road, the work to be done under the supervision of the state highway department.” The defendant offered evidence tending to show that plaintiff appeared before the board, represented that he had a contract with the state highway department to repair the road in question, that he asked permission as a matter of courtesy from the board to begin work, and that he would do it whether they consented or not. There was further oral proof that the supervisors granted the plaintiff the permission he asked, with the understanding that the township was only to be liable for one-fourth of the costs of the repairs. There was evidence that the plaintiff’s statement that he had a contract with the state highway department was not true. There was also evidence that he had received one-quarter of the costs from the supervisors, and said in substance that this squared him with the township. Held, (1) that the minutes of the supervisors did not show a contract between the plaintiff and the township; (2) that oral testimony as to the real transaction was properly admitted; and (3) that a verdict and judgment for the defendant township should be sustained.</p>