Gill v. Hale & Kilburn Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by the Hale & Kilburn Company against John T. Gill and Kermode F. Gill, copartners doing business under the name of John Gill & Sons, who counterclaimed. There was a judgment for plaintiff, the counterclaim being dismissed, and defendants bring error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Plaintiffs in error, whom we style defendants, had a contract for altering and extending a building in Cleveland, Ohio, which was to be completed January 1, 1916. In April, 1915, they made a subcontract with defendant in error (the plaintiff), whereby the latter agreed, for a stated price, to furnish and install the metal doors and trim, picture molding, and base, and to apply the hardware, such installation to be completed by October 1, 1915. On October 16, 1915, the building had not progressed far enough to permit plaintiff to begin its work, and on that date…
2Cases cited4 opinions
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Grand Rapids & I. Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
- International Agricultural Corp. v. StadlerCourt of Appeals for the Sixth Circuit · 1914
- General Electric Co. v. Chattanooga Coal & Iron Corp.Court of Appeals for the Sixth Circuit · 1917
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- Viles v. Prudential Ins.Court of Appeals for the Tenth Circuit · 1938
- Blackmore v. Davis Oil Co.Wyoming Supreme Court · 1983
- Blackmore v. Davis Oil Co.Wyoming Supreme Court · 1983