City of Key West v. Baer
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. This was an action by George J. Baer against the city of Key West to recover damages for the breach of a contract for the grading, paving, etc., of streets and sidewalks. The case was submitted by consent to the court, without a jury. The court found generally for the defendant, and entered judgment in his favor. Plaintiff excepted to the ruling, and brings error to review the judgment.
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Florida. This was an action by George J. Baer against the city of Key West to recover damages for the breach of a contract for the grading, paving, etc., of streets and sidewalks. The case was submitted by consent to the court, without a jury. The court found generally for the defendant, and entered judgment in his favor. Plaintiff excepted to the ruling, and brings error to review the judgment. The contract contained the following provision: “Payment will be made monthly, on estimates made by the engineer of…
1Opinion of the Court
McCOEMTCK, Circuit Judge.
The parties to this action filed in the circuit court a stipulation in writing waiving a jury. On the trial there were rulings on demurrers to the pleadings, and on objections touching the introduction of testimony. After the submission of evidence was completed, the defendant requested the judge to approve or disapprove of a list of propositions of law, embracing 88 propositions, duly numbered, “as being applicable to the points of this cause to which they respectively relate.” In actions at law tried, as this was, on a written stipulation waiving a jury, “the…
2Cases cited12 opinions
- Norris v. JacksonSupreme Court of the United States · 1870
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
- Stearns v. PageSupreme Court of the United States · 1849
- Martinton v. FairbanksSupreme Court of the United States · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1921
- Denver Live Stock Commission Co. v. LeeCourt of Appeals for the Eighth Circuit · 1927
- Bank of Waterproof v. Fidelity & Deposit Co.Court of Appeals for the Fifth Circuit · 1924
- Hughes County v. LivingstonCourt of Appeals for the Eighth Circuit · 1900
- Pennok Oil Co. v. Roxana Petroleum Co.Court of Appeals for the Eighth Circuit · 1923
21 more not listed; retrieve them via the Exa API.