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.
OPINION PER CURIAM, March 16, 1959:
The Judgment is affirmed on the Opinion of President Judge SLOANE which is reported in 16 Pa. D. C.2d 261.