Pitt Const. Co. v. City of Alliance, Ohio
Court of Appeals for the Sixth Circuit
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above).
1. We see no escape from the conclusion that 328.4 is an express representation to the contractor that the proposed structure would be located with reference to the existing ground surface as shown in the cross sections thereon. The facts that this surface indication was not expressly so named every time it appeared, and that the actual distances from it up and down to the top and bottom of the new structure were not stated in figures, are immaterial. We think the drawing shows as plainly as if stated in words that the distance from the present surface of…
2Cases cited5 opinions
- Hollerbach v. United StatesSupreme Court of the United States · 1914
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- United States v. SmithSupreme Court of the United States · 1921
- Bates & Rogers Const. Co. v. Board of Com'rsDistrict Court, N.D. Ohio · 1920
- Robert Grace Contracting Co. v. Chesapeake & O. N. Ry. Co.Court of Appeals for the Sixth Circuit · 1922
3Cited by16 opinions
- United States Ex Rel. Johnson v. Morley Const. Co.Court of Appeals for the Second Circuit · 1938
- Absher Construction Co. v. Kent School District No. 415Court of Appeals of Washington · 1995
- R.J. Wildner Contracting Co. v. Ohio Turnpike CommissionDistrict Court, N.D. Ohio · 1996
- Interstate Contracting Corp. v. City of DallasCourt of Appeals for the Fifth Circuit · 2005
- Ideker, Inc. v. Missouri State Highway CommissionMissouri Court of Appeals · 1983
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