McKenzie-Hague Co. v. Carbide & Carbon Chemicals Corp.

BOOTH, Circuit Judge.

This is an appeal from a judgment on the pleadings in an action for damages brought by the McKenzie-Hague Company against appellee.

For convenience, the parties will be referred to as plaintiff and defendant, as in the court below.

The action may be classified as an action for deceit. It arises out of certain contracts under which plaintiff performed work *79for defendant in the way of dredging and filling in the Kanawha river at Blaine Island, in tho stats of West Virginia.

Tho main question to bo determined on this appeal is whether, upon the facts well pleaded in tho…