Legal Opinion
Ace Construction Company v. W. H. Nichols & Company, Inc.
Court of Appeals for the Tenth Circuit
Decided November 30, 1965No. 7932_1PublishedCited by 8 opinions
1Opinion of the Court
MURRAH, Chief Judge.
Appellee, a subcontractor, sued and recovered a jury trial judgment against his prime contractor on the theory that the prime contractor made the performance of the subcontract “substantially impossible”, thereby justifying abandonment and compensatory damages, including expenses.
The appellant, Ace Construction Company, contracted with the government through its Corps of Engineers for the relocation of a segment of a railroad in Kansas. It then subcontracted the laying of the rail structure to the appellee, a railroad builder, on a subgrade to be prepared by the appellant…
2Cases cited5 opinions
- Fox v. WebbSupreme Court of Alabama · 1958
- Kansas Turnpike Authority v. Edwin John Abramson and Emmett Johns, Executors of the Estate of John P. Abramson, DeceasedCourt of Appeals for the Tenth Circuit · 1960
- Ryder Truck Rental, Inc. v. Central Packing Company, Inc.Court of Appeals for the Tenth Circuit · 1965
- Woodruff v. HoughSupreme Court of the United States · 1876
- Neale Construction Co. v. Topeka Township Sewage District No. 1Supreme Court of Kansas · 1955
3Cited by8 opinions
- Elte, Inc. v. S. S. Mullen, Inc.Court of Appeals for the Ninth Circuit · 1972
- United States v. DoeCourt of Appeals for the Tenth Circuit · 2017
- Concrete Specialties, a Wyoming Corporation v. H. C. Smith Construction Co., a California Corporation, and the Boeing Company, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1970
- Steenberg Construction Co. v. Prepakt Concrete Co.Court of Appeals for the Tenth Circuit · 1967
- Sweeney Co. v. Engineers-Constructors, Inc.Court of Appeals for the Fourth Circuit · 1987
3 more not listed; retrieve them via the Exa API.