Legal Opinion

Leo Spear Construction Company, Inc. v. The Fidelity and Casualty Company of New York and Brookfield-Baylor, a Joint Venture

Court of Appeals for the Second Circuit

Decided July 1, 1971No. 35696_1PublishedCited by 14 opinions

1Opinion of the Court

MOORE, Circuit Judge:

This is an appeal from a judgment awarding plaintiff damages under a quantum meruit theory of recovery in the amount of $90,845 plus interest of $5,910.99 and in addition $50,000 damages under a theory involving tortious interference with business relations.

On June 20, 1967, Leo Spear Construction Company (Spear), plaintiff herein, entered into a contract with F. H. Mc-Graw and Company, Inc. (McGraw), the prime contractor in the construction of new student housing at the University of Vermont at Montpelier (the University), wherein Spear as a subcontractor agreed to…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Continental Casualty Co. v. SchaeferCourt of Appeals for the Ninth Circuit · 1949
  3. Mtr. of City of Ny (A. & W. Realty Corp.)New York Court of Appeals · 1956
  4. Webster Eisenlohr, Inc. v. KalodnerCourt of Appeals for the Third Circuit · 1944
  5. Pierce Ford Sales, Inc., and Elmer W. Bemis, Trustee in Bankruptcy v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1962

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3Cited by14 opinions

  1. Parkway Bank & Trust v. City of DarienAppellate Court of Illinois · 1976
  2. Sidney Salomon, Jr. v. Crown Life Insurance Company, Crown Life Insurance Company v. Sidney Salomon, Jr. & Associates, Inc., Sidney Salomon, Jr. v. Crown Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 1976
  3. United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
  4. The United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation Commercial Union Insurance Co., a Massachusetts Corporation and Sandia Corporation, a New Mexico Corporation, D/B/A Sandia National Laboratories, United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- the United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Fred Sanchez Construction Company v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, DefendantsCourt of Appeals for the Tenth Circuit · 1987
  5. United States of America for the Use of Building Rentals Corp., D/B/A Dick Fritz Painting, and Cross-Appellee, (Plaintiff Below) v. The Western Casualty and Surety Company, and Cross-Appellants. Commercial Lathing Company, D/B/A Pacific Plastering Corporation, a California Corporation, (Cross-Claimant Below) v. Building Rentals Corporation, a Corporation, D/B/A Dick Fritz Painting: Dick Fritz, (Cross-Defendants Below)Court of Appeals for the Ninth Circuit · 1974

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