PHILADELPHIA v. MADDEN


202 Pa.Super. 1 (1963)

Philadelphia, to use, Appellant, v. Madden.

Superior Court of Pennsylvania.

September 12, 1963.


Attorney(s) appearing for the Case

R. Stuart Jenkins, with him Schroeder, Jenkins & Raymond, for appellant.

Daniel B. Pierson, V, with him Raspin, Espenshade, Heins, Erskine and Stewart, and Lindenmuth, Class & Saulnier, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., September 12, 1963:

This is an appeal from a judgment entered on the pleadings for the defendant in a suit by John K. Moore as third party beneficiary under four contracts between the City of Philadelphia and the defendant, providing that all workmen should be paid prevailing wages. Under the pleadings the following facts appear:

During the period from January 1, 1958, to and including April 30, 1961, the defendant, Joseph Madden, contracted...

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