260 Pa. 113 | Pa. | 1918
Opinion by
Plaintiff’s action is based on a judgment note for $2,500 dated December 27,1912, given by the supervisors of Ohio Township, Beaver County, in payment for labor and materials furnished in the construction of township bridges to replace others destroyed by flood. The note sued on was discounted by the First National Bank of
Previous to the date of the note in suit, a contract was entered into with plaintiff for the erection of five bridges, and a portion of the work had been completed conformably to its provisions when the contractor was directed to cease work and the note in question was given in payment for labor and materials furnished under the contract to that date. The trial judge excluded evidence of the terms and conditions of the agreement and failure to comply with its requirements and charged that, if the labor and materials were furnished, the supervisors were clothed with authority in their discretion to compensate the contractor. The meeting of the board of supervisors at which the note involved in this action was given was held December 27, 1912, after the contractor had completed, or substantially completed, three of the bridges and furnished materials for others. The reason given
The first, second, third and fourth assignments, complain of the action of the trial judge in excluding evidence offered by plaintiff and raise the question of the right to defend against the note by reason of nonperformance of plaintiff’s contract to complete the bridges, and by showing plaintiff had, previous to the execution of the note, received payment in full for all work done. The court excluded the evidence offered, except to the extent it tended to prove the special meeting at which the note was authorized was not duly convened and that there was fraud and collusion in the transaction. Neither fraud nor collusion was proved and the testimony shows that after the construction of the bridges had progressed to almost completion, the contractor was
Tbe judgment is affirmed.