F. J. Lewis Mfg. Co v. Snyder

MOORMAN, Circuit Judge.

Appellee contracted with the board of county commissioners of Hamilton county, Ohio, to construct and improve a portion of Harrison Pike in that county. He made a contract with the appellant to furnish the coal tar binder and apply it to the improvement. The county engineer refused to permit appellee to use appellant’s tar, and appellee then procured other tar and had it applied, and sued appellant for the additional expense of so doing. The sole question presented to us is whether the court below should have directed a verdict for the defendant.

¡ The contract between…