West Homestead Borough v. Erbeck

Citations

• 230 Pa. 316
• 79 A. 570
• 1911 Pa. LEXIS 608

Syllabus

<p>Municipal contracts — Fraud—Equity—Engineer’s estimates — Contracts.</p> <p>In an action of trespass by a borough to recover damages alleged to have been suffered through the collusive fraud of its engineer and the defendant, a contractor, by which plaintiff was led to pay for work not done in compliance with the plans and specifications of a contract, upon estimates given by the engineer in pursuance of a scheme to defraud, the fact that the contract between defendant and the borough provides that the engineer’s decision on all points should be “final and binding” will not compel the plaintiff to go into equity to have the estimates set aside as a prerequisite to recovery at law.</p>