City of Lima v. Farley

MOORMAN, Circuit Judge.

John W. Parley entered into a contract with the eity of Lima, Ohio, on October 28, 1919, by which he agreed to construct a sewer about 3 miles in length, varying in size from 84 inches at the beginning to a much smaller dimension at the end, for $528,000. He completed the work in the early part of 3922, and shortly thereafter brought this action in damages for breach of an implied warranty arising from false representations as to borings made by the eity preparatory to letting the work, upon which,, as he averred, he relied in entering into the contract. In addition to…