Legal Opinion
Kohler, Stover & Ivey v. City of Tulsa
Court of Appeals for the Tenth Circuit
Decided July 19, 1954No. 4788PublishedCited by 5 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
Kohler, Stover and Ivey, a partnership, 1 brought this action against the City of Tulsa, Oklahoma, 2 and certain officials of the City, seeking by a declaratory judgment, an interpretation of a “lump sum” construction contract entered into by the City and the Contractor. From an adverse judgment the Contractor has appealed.
The primary question presented is whether, under the contract, the Contractor was entitled to compensation for the excavating, hauling, placing and compacting of borrow material in addition to the “lump sum" contract price.
On December 30, 1952, the…
2Cases cited3 opinions
- Johnson v. ButlerSupreme Court of Oklahoma · 1952
- Van Zant v. State Insurance FundSupreme Court of Oklahoma · 1950
- Continental Casualty Co. v. WearSupreme Court of Oklahoma · 1939
3Cited by5 opinions
- International Brotherhood of Electrical Workers, Local Union Nos. 12, 111, 113, 969 v. Professional Hole Drilling, Inc.Court of Appeals for the Tenth Circuit · 1978
- Homestake-Sapin Partners v. United StatesCourt of Appeals for the Tenth Circuit · 1967
- Local 9, International Union of Operating Engineers, Afl-Cio v. Siegrist Construction Co., a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1972
- Homestake-Sapin Partners v. United StatesCourt of Appeals for the Tenth Circuit · 1967
- No. 76-1594Court of Appeals for the Tenth Circuit · 1978