Walsh Const. Co. v. City of Cleveland
District Court, N.D. Ohio
At Law. Action by the Walsh Construction Company against the City of Cleveland, in which the defendant City had the National Surety made a defendant. On exceptions to the master’s report.
1Opinion of the Court
WESTENHAVER, District Judge.
This action was brought originally against the city of Cleveland alone to recover a balance alleged to be due on a contract for constructing a clear water reservoir, upon a unit price basis and certain additional items of extra compensation. The city of Cleveland obtained an order making also a defendant the National Surety Company, surety on plaintiff’s performance bond. See Walsh Construction Co. v. City of Cleveland (D. C.) 250 Fed. 137. The city thereafter filed an answer and also a cross-petition, seeking to recover judgment against the plaintiff and its…
2Cases cited27 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Dermott v. JonesSupreme Court of the United States · 1865
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
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3Cited by5 opinions
- Cleveland Electric Illuminating Co. v. City of ClevelandOhio Court of Appeals · 1976
- Morris v. FoxIndiana Court of Appeals · 1922
- Plymouth Village Fire District v. New Amsterdam Casualty Co.District Court, D. New Hampshire · 1955
- Inhabitants of Plainfield v. PalmerCourt of Appeals for the Third Circuit · 1934
- Burt v. City of ClevelandOhio Court of Appeals · 1945