Acchionev.Philadelphia

Supreme Court of PennsylvaniaMar 16, 1959
394 Pa. 622 (Pa. 1959)
394 Pa. 622149 A.2d 125

Argued January 9, 1959.

March 16, 1959.

Contracts — Terms — Construction — Municipal contracts — Sewers — Payment for an embankment.

In this action of assumpsit on a written contract for the construction of a sewer in which it appeared that the defendant had agreed to pay for the item of "embankment" the specified price per cubic yard, and the controversy was over the method of calculating amount of embankment to be measured for payment, it was Held, in view of the written provisions of the contract, that the proper lines for payment run across the top of the embankment over the sewer, down the sides and back to the sewer itself, but do not include the volume or inside of the sewer.

Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.

Appeal, No. 353, Jan. T., 1958, from judgment of Court of Common Pleas No. 7 of Philadelphia County, March T., 1953, No. 2008, in case of Laurence J. Acchione et al. v. City of Philadelphia. Judgment affirmed.

Same case in court below: 16 Pa. D. C.2d 261.

Assumpsit. Before SLOANE, J., without a jury.

Adjudication filed finding for defendant; plaintiffs' exceptions to finding dismissed and judgment entered for defendant. Plaintiffs appealed.

Walter Biddle Saul, with him Saul, Ewing, Remick Saul, for appellants.

James L. J. Pié, Assistant City Solicitor, with him Joseph V. Furlong, Jr., Assistant City Solicitor, and David Berger, City Solicitor, for appellee.


The Judgment is affirmed on the Opinion of President Judge SLOANE which is reported in 16 Pa. D. C.2d 261.