Legal Opinion
John M. Kelley Contracting Co. v. United States Fidelity & Guaranty Co.
Court of Appeals for the Third Circuit
Decided February 1, 1922No. 2755PublishedCited by 4 opinions
In Error to the District Court of the United States for the District of New Jersey; Joseph U. Bodine, Judge. Action at law by the John M. Kelley Contracting Company against the United States Fidelity & Guaranty Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
From a study of the record in this case, it appears that the plaintiff, John M. Kelley Contracting Company, a corporate citizen of New Jersey, was engaged in building a public highway in that state. On May 29, 1919, Elmer Barber duly contracted in writing with that company to deliver to it — ■
"‘approximately forty-five thousand tons of road building material. Sand and Slone to be unloaded and hauled and dumped at intervals convenient for *346your mixing gang. * * * I am to deliver approximately five hundred tons of sand and stone per day, and proceed with my deliveries…
2Cases cited1 opinion
- United States v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1915
3Cited by4 opinions
- Ribeira & Lourenco v. Jackson HealthNew Jersey Superior Court Appellate Division · 1989
- Bunker v. United States Fidelity & Guaranty Co.Court of Appeals for the Tenth Circuit · 1934
- City of Hot Springs v. National Surety Co.Supreme Court of Arkansas · 1975
- Eagle Fire v. FIRST INDEM. INS.New Jersey Superior Court Appellate Division · 1995