Muscrelli v. Mercantile Trust Co.
Cases that cite this one
2 later published cases cite this decision.
- In the Matter of Universal Medical Services, Inc., Debtor. Appeal of Irving H. Kutcher, Trustee in Bankruptcy (3d Cir. 1972)
- Shannon v. Lancaster (Pa. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The facts of this case are set forth in the opinion of the learned judge who presided at the trial, and the conclusion he reached is fully sustained by the evidence. The property in controversy was furnished by Gianini, a subcontractor, to be used in the construction of a reservoir, under an agreement with the principal contractor, a corporation, that all materials •furnished by him should be subject to approval by the director of public works. The property was inspected and rejected and afterwards sold by the sheriff as the property of Gianini. The corporation was not required to accept materials that did not pass inspection by the director of public works and it did not accept these. It had no claim to them and made none, and the defendant, in carrying out th'e contract to protect its interest as surety for the contractor, acquired no right to the property.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.