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TOWNSHIP RIDLEY v. HAULAWAY TRASH REMOVAL (07/27/82)

decided: July 27, 1982.

TOWNSHIP OF RIDLEY, APPELLANT
v.
HAULAWAY TRASH REMOVAL, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Haulaway Trash Removal, Inc. v. Township of Ridley, Delaware County, Pennsylvania, No. 80-11649.

COUNSEL

Peter J. Rohana, Jr., for appellant.

John F. Peoples, for appellee.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 68 Pa. Commw. Page 16]

Ridley Township appeals an order of the Court of Common Pleas of Delaware County which granted a motion for summary judgment by Haulaway Trash Removal, Inc. in a quantum meruit claim against the township for $15,290.00 as the balance due for collection

[ 68 Pa. Commw. Page 17]

    of the township's trash*fn1 from April of 1979 through June of 1980.

The township sought outside assistance in removing its trash when it had difficulty maintaining its hauling trucks in good working order. Following an informal survey of price quotations, the township, through an unidentified employee or official, requested Haulaway to begin removing the trash.

Although the township had executed numerous receipts for trash removal and made several payments to Haulaway totaling $12,215.00, it defended the claim for the balance due on the basis that its oral request did not amount to a contract because the elected commissioners, as governing body, had never duly authorized the agreement pursuant to Section 1802 of the First Class Township Code;*fn2 that section requires a

[ 68 Pa. Commw. Page 18]

    municipality to award all public contracts over $2,500.00*fn3 to the lowest competitive bidder. The township also claimed that the employees or officials who initiated the trash removal services were acting beyond the scope of their authority.

The common pleas court based its decision on J.A. & W.A. Hess, Inc. v. Hazle Township, 484 Pa. 628, 400 A.2d 1277 (1979), holding that, because the township knowingly accepted and made partial payment for Haulaway's services, the township was liable in quantum meruit for the ...


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