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MONTGOMERY v. PHILADELPHIA

391 Pa. 607 (1958)

Montgomery, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

January 16, 1958.

Attorney(s) appearing for the Case

Robert H. Arronson, with him Herbert H. Hadra and Maurice Freedman, for appellant.

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

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE CHIDSEY, January 16, 1958:

This is an appeal from the order of the common pleas court sustaining defendant's demurrer to plaintiff's amended complaint in assumpsit.

The amended complaint avers that on July 12, 1955, the plaintiff entered into a contract with the City of Philadelphia in which he agreed to furnish all the labor and materials to ". . . do all general construction work in the course...

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