U.S. Court of Appeals for the Third Circuit, 1964

Construction, Incorporated, an Ohio Corporation v. Rockwood Borough Municipal Authority, Rockwood, Somerset County, Pennsylvania

U.S. Court of Appeals for the Third Circuit · Decided January 22, 1964 · Staley, Hastie, Smith

326 F.2d 751; 1964 U.S. App. LEXIS 6645 (Federal Reporter, Second Series)

Counsel

Martin S. Goldberg, Youngstown, Ohio (Baskin, Sachs & Craig, Pittsburgh, Pa., on the brief), for appellant., Robert M. Brown, Pittsburgh, Pa. (Gustave W. Wilde, Burgwin, Ruffin, Perry & Pohl, Pittsburgh, Pa., Charles H. Coffroth, Somerset, Pa., on the brief), for appellee.

Cases that cite this one

3 later published cases cite this decision.

ISTARI CONSTRUCTION, INC. v. City of Muscatine (Iowa 1983)
Hanover Area Sch. Dist. v. Sarkisian Bros., Inc. (District Court, M.D. Pennsylvania 1981)
South East Chicago Commission v. Department of Housing & Urban Development (District Court, N.D. Illinois 1972)

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

PER CURIAM.

In granting summary judgment for the defendant in this suit by a contractor against Rockwood Borough Municipal Authority for repudiation of a public contract, the district court reasoned that no binding contract had ever come into existence.

These facts appear without dispute. The contractor was low bidder. He knew that the Authority’s obtaining of necessary financing was a condition precedent to the making of a binding contract. The Authority prepared and sent to the contractor formal contracting documents for execution and return to the Authority. The contractor signed the formal contract and returned it. However, not obtaining some of the needed financing, the Authority refused to execute the contract. In these circumstances, we think the trial court properly ruled that there was no binding contract. Cf. Wayne Crouse, Inc. v. Braddock Borough School District, 1941, 341 Pa. 497, 19 A.2d 843.

The judgment will be affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.