Keystone Structural Co. v. Link-Belt Co.
Court of Appeals for the Third Circuit
Til Error to the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Action at law by the Keystone Structural Company against the Link-Belt Company, judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOOLLEY, Circuit Judge.
All agree that the parties thought they, had entered into an express contract for the erection of a bridge. The plaintiff undertook to supply the material and do the work of construction and the defendant to pay for the same at a named price per 100 pounds of steel used. The plaintiff built a bridge and the defendant paid for a bridge. Later, the plaintiff found, as it claims, that the bridge it built was not the bridge it had contracted to build. On the assumption that the bridge it built was not covered by the contract, the plaintiff brought this action of indebitatus…
2Cases cited1 opinion
- Tucker v. PrestonSupreme Court of Vermont · 1887
3Cited by2 opinions
- Hampton v. United StatesUnited States Court of Claims · 1935
- In re ClaudeCourt of Appeals for the D.C. Circuit · 1926