Rose v. Columbian Reinforced Concrete Co.
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western District of Pennsylvania. Action by the Columbian Reinforced Concrete Company, for use of the Monongahela National Bank of Pittsburgh, Pa., against Harry R. Rose and another, doing business as Rose & Fisher. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
This case was heretofore before this court. Making our opinion therein, reported in 187 Fed. 803, the basis of the present, we avoid repetition. Upon the entering of judgment for the plaintiff by the lower court in accordance with the mandate in that case, defendants sued out this writ of error.
[1] The questions now involved, as stated in defendants’ brief, are: First:
“On the trial of an action of assumpsit on a building contract, the plaintiff is permitted to file a supplemental affidavit of claim, alleging that the contract was completed. In reply thereto the…
2Cases cited3 opinions
- Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
- American Structural Steel Co. v. Annex Hotel Co.Supreme Court of Pennsylvania · 1910
- Columbian Reinforced Concrete Co. v. RoseCourt of Appeals for the Third Circuit · 1911