BOKSER v. PHILADELPHIA


400 Pa. 462 (1960)

Bokser v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

June 29, 1960.


Attorney(s) appearing for the Case

Karl I. Schofield, Assistant City Solicitor, with him Matthew W. Bullock, Jr., Assistant City Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for appellant.

Lester S. Hecht, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BOK, June 29, 1960:

The City of Philadelphia, defendant, appeals from a final decree in a declaratory judgment proceeding in favor of the plaintiff.

On July 14, 1954, as the result of an ordinance, the City concluded a contract with General Asphalt Paving Company to pave a street. Payment for the work was to be made partly in cash and partly by giving to the contractor, for him to collect, assessment...

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