Legal Opinion

Little Rock Granite Co. v. Dallas County

Court of Appeals for the Fifth Circuit

Decided December 31, 1894No. 311Published

In Error to the Circuit Court of the United States for the Northern District of Texas. This action was brought, in the circuit court by the Little Rock Granite Company against Dallas county, in the state of Texas, to recover the balance of price of certain stone furnished by the granite company, and used by the county in the erection of a courthouse.

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In Error to the Circuit Court of the United States for the Northern District of Texas. This action was brought, in the circuit court by the Little Rock Granite Company against Dallas county, in the state of Texas, to recover the balance of price of certain stone furnished by the granite company, and used by the county in the erection of a courthouse. The first amended original petition contains two counts, one to recover the balance of the contract price for certain granite furnished under a contract originally entered into between the granite company and one R. L. James, which, after partial…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts as above). The first to fifth assignments of error, inclusive, refer to the refusal of the court to charge the jury as requested by the plaintiff in error, to the charge of the court as given to the jury, and to the fail are of the court to submit to the jury the right of the plaintiff in error to recover upon a quantum meruit. We are unable to consider these assignments of error, because the exceptions were not fully saved in the circuit court. The bill of exceptions shows that the plaintiff tendered three separate propositions to be given by the court to the jury,…

2Cases cited6 opinions

  1. Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
  2. Nicholls v. WebbSupreme Court of the United States · 1823
  3. Bates v. PrebleSupreme Court of the United States · 1894
  4. Jackson v. EvansMichigan Supreme Court · 1857
  5. Werbiskie v. McManusTexas Supreme Court · 1868

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