Fairbanks, Morse & Co. v. City of Wagoner, Okl.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
PHILLIPS, Circuit Judge.
On August 19, 1930, Fairbanks, Morse & Company, hereinafter called Fairbanks Morse, commenced a suit in equity against the City of Wagoner, hereinafter called the City, and its municipal officers, predicated on a contract dated September 27, 1927, entered into between Fairbanks Morse and the City.
The contract read in part as follows:
“General Engine Proposal
“Date Sept. 22, 1927.
“Fairbanks, Morse * * *, propose to furnish and deliver to The City * * *.
“ * * *, the following machinery and materials: 1-360 HP Special Electric Type Y Style VA Diesel Engine direct connected…
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