Durham Terracev.Hellertown Bor. Auth

Supreme Court of PennsylvaniaMar 16, 1959
394 Pa. 623 (Pa. 1959)

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Argued January 5, 1959.

March 16, 1959.

Municipalities — Public authorities — Water supply — Water mains — Cost — Liability — Contract terms.

In this action in equity against a borough authority in which the plaintiff claimed that the authority should reimburse it for the amount spent for the installation of water mains, and in which it appeared that the authority agreed to furnish water to the plaintiff's building project provided that the plaintiff furnish and install at its own expense all water mains, valves, fire hydrants and connections, it was Held that the court below had properly dismissed plaintiff's complaint.

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

Appeal, No. 21, Jan. T., 1959, from decree of Court of Common Pleas of Northampton County, Feb. T., 1955, No. 2, in equity, in case of Durham Terrace, Inc. v. Hellertown Borough Authority. Decree affirmed.

Same case in court below: 16 Pa. D. C.2d 231.

Equity. Before BARTHOLD, P. J.

Adjudication filed granting defendant's motion for nonsuit and dismissing bill; plaintiff's exceptions dismissed and final decree entered. Plaintiff appealed.

Daniel L. McCarthy, with him Justin Kevin McCarthy, for appellant.

L. F. McCarthy, with him McFadden, Riskin, McCarthy and Holland, for appellee.


The decree is affirmed on the opinion of President Judge BARTHOLD, of the court below, reported at 16 Pa. D. C.2d 231.

Decree affirmed at appellant's costs.